CHAPTER 1: Statutes A. IN GENERAL

Law (Jural and generic)

Ø whole body or system of law Law (Jural and concrete)

Ø rule of conduct formulated and made obligatory by legitimate power of the state includes: o Statutes enacted by legislature o Presidential Decree (issued by Pres. In the exercise of legislative power) o Executive Order (issued by Pres. In the exercise of legislative power) o Other presidential Issuances (exercise of his ordinance power) o Rulings of the Supreme Court construing the law o Rules and regulations promulgated by the administrative or executive officers pursuant

to a delegated power o Ordinances passes by sanggunians of local government units

Statute

Ø an act of legislature as an organized body, expressed in the form and passed according to the procedure required to constitute it as part of the law of the land.

Statute enacted by legislature (passed by: )

Ø Philippine Commission Ø Philippine Legislature Ø Batasang Pambansa Ø Congress of the Philippines

Same category and binding force as Statute

Ø Presidential Decrees (exercise of legislative power during martial law period under 1973 consti. )

Ø Executive orders (exercise of legislative power during revolutionary period under freedom consti. )

Private statutes

Ø Applies to a specific person or subject Public Statutes

Ø Affects the public at large or the whole community *note: whether a statute is private or public depends on substance rather than form.

Classification of Public Statutes (General, Specific, Local)

Ø general laws o applies to the whole state and operates throughout the state alike upon all people or all

of a class o embraces a class of subjects or places and does not omit any subject or place naturally

belonging to such a class Ø special laws

o which relates to particular persons or things of a class to a particular community, individual or thing

Ø local law o operation is confined to a specific place or locality (municipal ordiance)

Permanent Statute

Ø operation is not limited in duration but continues until repealed Ø not terminated by lapse of a fixed period or by occurrence of an event Ø Neither disuse nor custom or practice to the contrary operates to render it ineffective or

inoperative

Temporary Statute

Ø duration is for a limited period or fixed time Ø ceases upon happening of an event Ø designed to meet an emergency; ends upon cessation of such emergency Ø limit in time to tide over passing a trouble may justify law that may not be upheld as a

permanent one

Other classes of statutes

Ø APPLICATION (prospective or retroactive) Ø OPERATION (declaratory, curative, mandatory, directory, substantive, remedial, penal) Ø FORMS (affirmative or negative)

Manner of referring to a statute

Ø Legislative (consecutively numbered and identified by respective authorities that enacted them )

Ø Public Acts (Philippine Commission and Philippine Legislation from 1901-1935) Ø Commonwealth Acts (Commonwealth from 1936-1946) Ø Republic Acts (Congress of the Philippines from 1946-1972 and from 1987, under 1987

constitution) Ø Batas Pambansa (Batasang Pambansa) Ø Presidential Decrees and Executive orders issued in the exercise of legislative power (serially

numbered) B. ENACTMENT OF STATUTES Legislative Power of Congress

Ø legislative power o power to make alter or repeal laws

Ø legislative power vested into congress o House or Representatives ( sensitive to local needs and problems) o Senate ( approach problem from national perspective)

Ø Any power deemed to be legislative by usage and tradition is necessarily possed by congress

Ø Expect as limited by the constitution, either expressly or impliedly, legislative power embraces all subjects and extends to matters of general concern and common interest.

Ø Congress may legislate or enact laws for any of the purposes of civil government Ø Provisions of constitution are either self-executing or non self-executing Ø non self-executing provisions (require congress to enact by enabling legislations) Ø self-executing (may not prevent congress from enacting further laws to enforce the

constitutional provision within their confines, impose penalties for violations and supply minor details)

Procedural Requirements in enacting a law

Ø there are basic procedural requirements for the passage of a bill into a law Ø law may not be declared unconstitutional when merely internal rules of house are violated Ø courts have no power to inquire into allegations of the absence of violation of constitutional

provisions or rights of individuals Ø rules are subject to revocation modification or waiver of the pleasure of the body adopting them Ø mere failure to conform to parliamentary usage will not invalidate the action by the body when

the requisite number of members has agreed to particular measure.

Steps into passage of bill to law

Ø bill is proposed by member of congress, signed by authors and filed with the secretary of the house.

Ø Appropriation , revenue/tariff bills, increase in public debt, local application and private bills (only house of representatives)

First Reading

Ø read the number and title of bill; referral to appropriate committee for study and recommendation

Ø committee MAY hold public hearings on proposed measure and submit reports and recommendation for 2nd reading

Second Reading

Ø bill read in full with amendments proposed by committee Ø bill subject to debates pertinent motions and amendments Ø voting (if approved for 3rd reading) Third Reading

Ø no bill becomes law unless it passed 3 readings in 3 separate days Ø EXCEPTION: when president: to the necessity of its immediate enactment to a public calamity

or emergency Conference Committee Reports

Ø after bill is approved by one house; transmitted to the other house for concurrence Ø Conference Committee

o Mechanism for compromising differences between Senate and H.R o Power to include new provisions into the bill (3rd body of congress)

Ø all that is required is that the Conference Committee report be approved by Senate and H.R Authentication of Bill

Ø system of authentcation o signed by speaker of H.R and the Senate President certified by secretaries of both

houses before presentation to President Presidents approval or Veto

Ø 3 ways bill passed by congress becomes law o president signs it o after 30 days upon receipt, no sign or veto from President o when vetoed bill is repassed by congress by 2/3 of each house voting separately

C. PARTS OF STATUTES

Statutes generally contain:

Ø Preamble o prefatory statement explaining or a finding of facts, reciting the purpose, reason, or

occasion for making the law o Usually P.D and E.O have preamble

Ø Title of Statute o Every bill of congress shall embrace only one subject o Dual Limitations

§ Refrain from conglomeration § Title of bill is couched in a language to notify the importance of the single subject

A) Purpose of title requirement 1) Prevent hodge podge or log-rolling or legislation 2) Prevent surprise or fraud 3) Fairly apprise the people 4) Guide in ascertaining legislative intent

*title is comprehensive enough to include general object which statute seeks to effect

B) Subject of repeal of satute

> repeal of statute on a given subject is properly connected with the subject matter of a new statute in the same subject; repealing section in the new statute is valid.

C) How requirement of title constructed

> Constitutional requirement is that it is constructed liberally

D) When requirement not applicable

> not applicable to law enforced and existing at the time of the 1935 constitution took affect.

E) Effect of insufficiency of title

> not conform to constitutional requirement: NULL and VOID

> Subject matter not sufficiently expressed: VOID

> Invalid provisions are inseparable from others: NULL

Enacting Clause

Ø states authority which act is enacted Purview or body of Statute

Ø what the law is all about; should embrace only one subject matter Separabilty Clause

Ø if any provision is declared invalid, remainder shall not be affected. Ø Nullity of one provision shall not invalidate other provisions of the act

Repealing Clause

Ø when legislation repeals a law, previous law was unconstitutional but the power to declare a law is unconstitutional is within the courts.

Effectivity Clause

Ø when the law takes effect, usually 15 days from publication.

Meaning of ceratin bills originating from lower house

Ø Appropriation , revenue/tariff bills, increase in public debt, local application and private bills ( INITIATIVE for filing must come from H.R but seante may amend.)

Enactment of budget and appropriation law

Ø budget process (4 phases) o budget preparartion o budget authorization o budget execution o budget accountability

*For approval by Dep. Of budget and Management, submitted to congress for evaluation and inclusion into appropriation laws

Ø Appropriation bill o Content limited to specified sums od money dedicated to specific purpose or separate

fiscal unit (enactment, same process)

Restriction in passage of budget or revenue

Ø Budget prepared by President submitted to congress o Congress may not increase appropriation recommended by President for operation of

government o Spending power/”purse power” belongs to congress; subject to veto of President o President may propose budget but final say is logged in congress

Ø each provision must relate specifically to particular appropriation o “inappropriate provisions”

§ provisions intended to amend another law or considered unconstitutional o president may veto inappropriate provisions

o Congress can NOT include provisions which restrict: § Fiscal autonomy of Judiciary (freedom from outside control) § Civil Service Commission § Commission on Elections § Commission on audit § Office of the ombudsman

Ø Procedure in approving appropriations

o Follow procedure for approving appropriations of other departments and agencies

Ø Special Appropriation Bill o Specify purpose and shall be supported by funds actually available as certified by

National treasurer or raised by corresponding revenue proposal therein

Ø Restriction on transfer appropriations o RULE: no law shall be passed authorizing any transfer appropriations o EXCEPTIONS

§ President § President of Senate § Speaker of H.R § Chief Justice of Supreme Court § Heads of constitutional commissions

*Exemptions may authorize augment for their respective offices in other items of their respective appropriations

§ Two requirements • Funds to be realized or transferred are actually savings in the items of

expenditure • Transfer or realignment is for the purpose of augmenting the items of

expenditures which transfer realignment is to be made. Ø Discretionary Fund requirements

o Disbursed for public purpose to be supported by appropriate vouchers and subject to guidelines prescribed by law

Ø Automatic re-enactment of budget o End of fiscal year, congress fails to pass general appropriation bill, bill of the last year

will be enacted and remain in force until general appropriation bill is passed.

Ø Presidents veto Power o Power to veto any particular item or items in appropriation bill o Veto shall not affect items which he does not object o Veto of “inappropriate provisions”

Ø No public fund may be spent except by law

o No money shall be paid out of treasury except in pursuance of appropriation by law

Ø No public money or property for religious purposes

o No public money or property shall be appropriated, applied, paid, or employed directly or indirectly for the use, benefit, or support of:

§ Any sect § Church § Denomination § Sectarian institution § System of religion § Priest/preacher/minister/religious teacher

• Except if assigned to Armed forces, Penal institution, government orphanage, leprosarium

*DOES NOT apply to temporary use of public streets or places

Ø Money for special purposes o Tax levied for special purpose shall be treated as a special fund and paid for such

purpose only o Fulfilled/abandoned purpose (remaining funds for government funds)

Ø Highest Budgetary priority is to education, directory

o SECTION 5 of article 7 of constitution § Not tie congress, merely directory

Rules and records of legislative proceedings

o Legislative procedure shall be recorded by each house o Keep a journal of proceedings

§ Items of National Security may not be included § Yeas and Nays may be recorded in journal by request of 1/5 of the members

present.

Power to issue its rules of proceedings

o Test if within its power § Did not ignore any constitutional constraint § Did not violate any fundamental right § Method had a reasonable relationship with the result sought to be attained.

o CASE: § Francisco v House of Representatives

• Basic that all rules must not contravene constitution § Osmena v Pendatun

• House of congress interprets rules, they judge what is “disorderly behavior § U.S v Ballin

• Jurisdiction of courts to pass upon the validity of congressional rules whether they are constitutional.

Unimpeachability of of legislative journal

o Entries or records contained in legislative journal are declared conclusive upon the courts

o If conflict between bill and journal, bill shall prevail except during matters that constitution requires to be enacted in journals (yeas and nays)

Enrolled Bill

o Bill passed by congress, authenticated by speaker and senate president o Declared absolute and is binding in all courts

Withdrawal of authenticity, effect of

o Speaker and President of senate may withdraw signatures when there is serious and substantial discrepancy between the text of the bill deliberated in legislation and that of enrolled bill

§ Withdrawal renders the bill without attestation and NULLIFIES § Court can declare that the bill has not been enacted and did not become a law.

D. ISSUANCES, RULES AND ORDINANCES

I. Presidential Issuances Those which the president issues in the exercise of his ordinance power. The president may issue ONLY the following: A. Executive Orders

Acts of the president providing for general or permanent rules in implementation of constitutional or statutory powers

B. Administrative Orders Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head

C. Proclamations Acts of the president fixing a date or declaring a statute or condition of public moment or interest, upon which the existence of which the operation of a specific law or regulation is made to depend

D. Memorandum Orders Acts of the president on matters of administrative detail or of subordinate interest which only concern a particular officer or office of the govʼt

E. Memorandum Circulars Acts of the president on matters relating to internal administration, which the president desires to bring to the attention of all or some of the other govʼt offices, for information or compliance

F. General or Special Orders Acts and commands of the president in his capacity as Commander-in-Chief of

the AFP

**Note: Presidential Decrees are laws of the same category and binding force as statutes because they are issued by former President Marcos in exercise of his legislative power during the Martial Law period under the 1973 Constitution.

CASE: Ople vs. Torres Case seeks to declare unconstitutional Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System” on the following grounds:

• Usurpation of the power of congress to legislate • Impermissible intrusion on the citizensʼ zone of privacy

Petitioner claims that:

• AO 308 is not an AO but a law therefore beyond the power of the President to Issue

• AO establishes a system of identification that is all-encompassing in scope, affects the life and liberty of Filipinos and violates their right to privacy

Ruling: The court nullified AO 308.

1. Under the Presidentʼs Administrative Power he can issue administrative rules and regulations. However, AO 308 involves a subject that is not appropriate to be covered by an administrative order:

“Acts of the president which relate to particular aspects of the governmental operation in pursuance of his duties as administrative head”

2. An AO should be for the sole purpose of implementing the law and carrying out the legislative policy.

a. AO 308 is not merely implementing the Administrative Code of 1987, for it establishes for the first time a National Computerized Identification Reference System, and such requires adjustment of contending state policies. This is therefore a subject that should be covered by law.

b. The AO has provisions that imposes duties and confers rights: A citizen cannot transact business w/govʼt agencies w/o the id, therefore people cannot refuse to get an ID because everyone needs to transact with govʼt for one purpose or another

II. Administrative rules and regulations Rules and regulations issued by administrative or executive officers as authorized by law. These have the force and effect of law or partake the nature of a statute. This rule-making power of a public administrative agency is a delegated legislative power. A. Validity Requirements

1. Its promulgation must be authorized by the legislature 2. It must be promulgated in accordance with the prescribed procedure 3. It must be within the scope of the authority given by the legislature 4. It must be reasonable

**Note: If there is conflict between the basic law and the regulations issued to implement it, the law prevails over the regulations

CASE: Cemco Holdings, Inc vs. National Life Insurance Co. (TO FOLLOW)

III. Illustrative cases on validity of executive orders, rules and regulations

CASE FACTS ISSUE RULING DOCTRINE Executive Secretary vs. Southwing Heavy Industries, Inc.

PGMA issued EO 156, prohibiting the importation into the country of used motor vehicles, with a few exceptions. Three separate actions for declaratory relief were filed before an Olongao RTC, asserting that Article 2 Section 3.1 is unconstitutional and illegal. The RTC granted all the petitions and declared the EO unconstitutional.

Whether or not the executive order banning the importation of used vehicles through the Free Trade Zone is valid.

EO 156 satisfied the first requisite. It is authorized by the legislature through the Tariff and Customs Code which authorizes the president to prohibit the importation of any commodity. The proscripition on the importation of used motor vehicles should be operative only outside the Freeport and the inclusion of said zone within the ambit of the prohibition is an invalid modification of RA 7227-- for it violates the third requisite (see above).

Validity Requirements of administrative rules and regulations (see above)

DAR vs. Sutton

Whether or not DAR A.O. No. 9 fixing the retention limits of lands devoted to livestock farming is constitutional.

A.O. No. 9 is invalid as it contravenes the Constitution. The DAR has no power to regulate livestock farms which have been exempted by the Consti from the coverage of agrarian reform.

Fundamental rule in admin law: **Admin rules and regs must be:

(1) Issued by authority of a law; and

(2) Must not contravene the provisions of the Consti

Maxima Realty Mgmt vs. Parkway Real Estate Dev. Corp.

Whether or not an administrative rule prescribing a period of 30 days to appeal a

The Administrative rule is declared null and void.

Administrative rules derive their validity from the statute that they are intended to implement. Any rule which is not consistent with

IV. Administrative rule and interpretation distinguished

Administrative Rule Administrative Interpretation When an administrative agency promulgates rules and regulations, it makes a new law with the force and effect of a valid law

When an administrative agency renders an opinion or gives a statement of polcy, it merely interprets a pre-existing law

The new law is binding on the courts The administrative interpretation is an advisory, not necessarily binding upon the courts

V. Supreme Court rule-making power A. The SCʼs rule-making power is granted by the 1987 Constitution. The SC, according to

the constitution, has the power to promulgate rules concerning the: 1. protection and enforcement of constitutional rights, pleading, practice and

procedure in all courts 2. Admission to the practice of law, the Integrated bar 3. Legal assistance to the underprivileged

B. The SC has the power to repeal procedural laws, but does not have the power to promulgate rules that are substantive in nature

1. Examples: 2. Procedural laws – laws that take away a vested right

a. Substantive – laws that create a right such as the right to appeal

VI. Legislative power of LGUs (Local Government Units) The power of local legislative bodies to enact ordinances, such as barangay ordinance, municipal ordinance, city ordinance and provincial ordinance A. Validity Requirements

1. Should be in accordance with prescribed procedure

decision to the Office of the President prevails over a Presidential Decree providing that appeal from said agency to the Office of the President is 15 days.

the statute itself is null and void.

2. Should meet the substantive requisites for validity— a. Must not contravene the constitution b. Must not be unfair or oppressive c. Must not be partial or discriminatory d. Must not prohibit but may regulate trade e. Must be general and consistent with public policy f. Must not be unreasonable

VII. Barangay Ordinance

Sangguniang Barangay – smallest legislative body **Note: If the Sangguniang Bayan fails to act within 30 days, the ordinance will be considered approved

VIII. Municipal Ordinance

**Note: If the Mayor fails to act within 10 days, the ordinance will be considered approved and shall be forwarded to the Sangguniang Panlalawigan. If the Sangguniang Panlalawigan fails to act within 30 days, the ordinance will be considered approved.

SANGGUNIANG  BARANGAY  -­‐  passes  an  ordinance  approve  by  majority  of  its  members  

SANGGUNIANG  BAYAN  -­‐  Within  30  days,  reviews  the  barangay  ordinance  if  consistent  with  the  municipal  or  city  ordinance  

 

 

SANGGUNIANG  BAYAN  -­‐  Approves  the  ordinance  

 

 

SANGGUNIANG  BAYAN  -­‐  Returns  to  the  sangguniang  brgy  for  adjustment,  amendment  or  modification  

 

 

SANGGUNIANG  BAYAN  -­‐  submits  the  ordinance  approved  by  majority  of  members  to  the  municipal  mayor  

MUNICIPAL  MAYOR  -­‐  Within  10  days,  reviews  the  municipal  ordinance  

 

     Approved  

 

 

Vetoed  

 

 

SANGGUNIANG  BAYAN  -­‐  may  override  the  veto  of  the  mayor  by  two-­‐thirds  vote  of  all  members  

SANGGUNIANG  PANLALAWIGAN  -­‐  Within  30  days,  reviews  the  approved  municipal  ordinance      -­‐  May  approve  or  may  invalidate  the  ordinance  in  whole  or  in  part,  and  its  action  will  be  final  

 

 

IX. City Ordinance **same as Municipal Ordinance process, but instead of Sangguniang Bayan, itʼs Sangguniang Panlungsod

X. Provincial Ordinance

**Note: If the Governor fails to act within 15 days, the ordinance will be considered approved and shall be forwarded to the Sangguniang Panlalawigan.

E. VALIDITY OF STATUTE

I. Presumption of constitutionality A. Every statute is presumed valid

1. WHY? Because of the essence of how a law is enacted. a. Before the legislature passes a bill, it is presumed that it has decided the measure to be

constitutional. b. When the President approves a bill, it is presumed that he has been convinced of its

validity. 2. An act of the legislature, as approved by the President, is presumed to be within

constitutional limitations because they, like the courts, are also responsible for upholding the constitution.

B. “To justify the nullification of a law…” 1. “There must be a clear and unequivocal breach of the Constitution, not a doubtful

argumentative implication.” a. To declare a law unconstitutional, the repugnancy of the law to the constitution must be

clear and unequivocal. b. There must be a clear showing that what the fundamental law condemns or prohibits,

the statute allows to be done.

SANGGUNIANG  PANLALAWIGAN  submits  the  ordinance  approved  by  majority  of  members  to  the  governor  

GOVERNOR  -­‐  Within  15  days,  reviews  the  provincial  ordinance  

 

     Approved  

 

 

Vetoed  

 

 

SANGGUNIANG  PANLALAWIGAN  -­‐  may  override  the  veto  of  the  mayor  by  two-­‐thirds  vote  of  all  members  

2. “There is practical unanimity among the courts in the pronouncement that laws shall not be declared invalid unless the conflict with the Constitution is clear and beyond a reasonable doubt.” a. All reasonable doubts should be resolved in favor of the constitutionality of the law.

C. The final authority to declare a law unconstitutional is the Supreme court en banc* by “the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.” 1. Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in

appropriate cases. a. “Lower courts are advised to act with the utmost circumspection, bearing in mind the

consequences of a declaration of unconstitutionality upon the stability of laws, no less than the doctrine of separation of powers.”

*en banc: by full court II. Requisites for exercise of judicial power

A. Requisites before the court may resolve the question of constitutionality of a statute: 1. The existence of an appropriate case 2. An interest personal and substantial by the party raising the constitutional question 3. The plea that the function be exercised at the earliest opportunity 4. The necessity that the constitutional question be passed upon in order to decide the case

III. Appropriate case A. The case in which the constitutionality of a statute is raised must be a bona fide case.

1. Raises a justiciable controversy 2. Resolution: Court will choose between the Constitution and the challenged statute. 3. Judicial power is limited only to actual controversies, as a last resort and a necessity in the

determination of real, actual, earnest, and vital controversy between litigants. B. Justiciable controversy

1. WHAT? a. Matters appropriate for court review b. Issues susceptible of being decided on grounds recognized by the law.

2. The Court does not automatically assume jurisdiction over all cases brought before it, even in instances ripe for resolution. a. E.g. “Political questions”

i. Legal parlance, or a question of policy; questions to be decided by the people in their sovereign capacity or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government.

ii. Two species of political questions: (i) “truly political questions” – Beyond judicial review, respect for doctrine of

separation of powers (ii) “are not truly political questions” – Section 1, Article VIII of the Constitution: may

be reviewed by courts iii. WHY?

(i) Political questions are concerned with issues dependent on the wisdom, not the legality, of a particular act or measure being assailed.

(ii) A political question is a function of the separation of powers. Given this, the courts will not normally interfere with the working of another co-equal branch unless the case shows a clear need for the courts to step in and uphold the constitution.

iv. HOWEVER, In the 1987 constitution judicial review includes “the duty of the courts of justice to settle actual controversies involving the rights which are legally demandable and enforceable, and to determine whether or not there has be a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.”

IV. Standing to sue A. Legal standing (locus standi)

1. Definition: personal and substantial interest in the cases such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. a. “interest”: a material interest, an interest in issue affected by the decree, different from

mere interest involved, or a mere incidental interest. 2. Whether a party alleges such personal stake in the outcome of the controversy as to assure

concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional question. a. A special concern for constitutional law. WHY? In some cases, suits are brought by

concerned citizens, taxpayers, or voters (not by parties who have been personally injured by the operation of law or by official action taken) who sue in the public interest.

3. Requirements to be given standing in court a. As a citizen

i. Interest: direct and personal ii. Show that the law or any government act is invalid AND he sustained or is in

imminent danger of sustaining some direct injury as a result of its enforcement. iii. Person complaining has been or is about to be denied some right or privilege to

which he is lawfully entitled or is about to subjected to burdens or penalties by reason of the statute or act complained of

iv. When the assertion of public right is involved, the requirement of personal interest is satisfied by the fact that he is a citizen.

b. As a taxpayer i. There is a claim that pubic funds are illegally disbursed, deflected to any improper

purpose, wasted through enforcement of invalid or unconstitutional law. ii. Prove that he has sufficient interest in preventing the illegal expenditure of money

raised by taxation and that he would sustain a direct injury as a result of the enforcement of questioned statute or contract.

iii. Courts are vested with discretion as to whether or not a taxpayerʼs suit should be entertained.

c. As a legislator i. Question the validity of any official action which he claims infringes his prerogatives

as legislator

ii. Maintain inviolate the prerogatives, powers, and privileges vested by the Constitution in his office

d. Transcendental importance i. Definition:

(i) The character of the funds or other assets involved in the case (ii) The presence of a clear case of disregard of a constitutional or statutory

prohibition by the public respondent agency or instrumentality of the government (iii) The lack of any other party with a more direct and specific interest in raising the

questions to be raised ii. Craft an issue of transcendental importance to the people, as when the issues raised

are of paramount importance to the public V. When to raise constitutionality

A. Constitutional questions will not be entertained by courts unless they are specifically raised, insisted upon, and adequately argued.

B. For the court to inquire into the constitutionality of a law, the question of validity must be… 1. Raised at the earliest opportunity; i.e. in the complaint of petition by plaintiff or petitioner, or

in the answer of defendant or respondent. (Ordinarily, if the question is not raised in the pleadings, and subsequently, the trials, it will not be considered at all.)

2. EXCEPTIONS to the question of validity raised at the earliest opportunity to justify judicial intervention: a. Raised in a motion for consideration or new trial in the lower court b. The statute sought to be invalidated was not in existence when the complaint was filed,

or during the trial c. In criminal cases, question may be raised at any stage of the proceeding or on appeal d. In civil cases, question may be raised when the determination of the question is

necessary to a decision e. When the jurisdiction of the court below is involved.

C. When an act of the President, who is a co-equal of the Congress, is seriously alleged to have infringed the Constitution and the laws settling the disputes becomes the duty and the responsibility of the courts.

VI. Necessity of deciding constitutionality A. The court will not pass upon the validity of a statue if it can decide the case on some other

grounds. B. Consideration for constitutional question will be left until an appropriate question arises on

which a decision upon the question is unavoidable. C. If the only issue is a constitutional question which is unavoidable, the court should confront the

question and decide the case on its merits. D. If the issue raised in the case has become moot, the court will dismiss the case on such

ground. E. The court may relax the strict compliance with the procedural requirement for the inquiry to the

constitutionality of a law. This is done when… 1. There is paramount public interest and time is of the essence in the resolution of the

question.

2. There is paramount public interest and there is undeniable necessity for a ruling, and strong reasons of public policy may demand that constitutionality may be resolved.

3. TOO GENERAL: invocation of rule of law, and nothing more; HOWEVER, if it contains advanced constitutional issues which deserve attention of the Court in view of the seriousness, novelty, and weight as precedents.

F. The question on a statuteʼs validity is raised even if… 1. The question has not been raised for many years 2. The statute was accepted as valid in previous cases, and the question of validity wasnʼt

raised. VII. Summary of Essential Requisites for Judicial Review

A. Francisco, Jr. v. House of Representatives 1. Essential Requisites for judicial review

a. An actual controversy calling for the exercise of judicial power b. The person challenging the act must have a “standing” to challenge; he must have a

personal and substantial interest in the cases such that he has sustained, or will sustain, direct injury as a result of its enforcement

c. The question of constitutionality must be raised at the earliest possible opportunity d. The issue of constitutionality must be the very lis mota of the case

B. Standing C. Ripeness and Prematurity

1. For a case to be considered ripe for adjudication “it is a prerequisite that something had by then been accomplished or performed by either branch before a court may come into the picture”

2. Only then may the courts pass on the validity of what was done, if and when he letter is challenged in an appropriate legal proceeding

D. Justiciability – Political question E. Lis Mota: An issue assailing the constitutionality of a government act should be avoided

whenever possible VIII. Test of constitutionality

A. What the Constitution provides in relation to what can or may not be done under the statute, and not by what it has been done under it

B. A statute may be declared unconstitutional because: 1. It is not within legislative power to enact 2. It creates or establishes methods or forms that infringe constitutional principles 3. Its purpose or effect violates the constitution or its basic principles 4. Allows something to be done which the fundamental law condemns or prohibits 5. When it attempts to validate a course of conduct the effect of which the Constitution

specifically forbids 6. Statute is vague – lack comprehensible standards that men of common intelligence must

necessarily guess at its meaning and differ in its application a. Violates due process for failure to accord the people fair notice of what conduct to avoid b. Leaves law enforcers unbridled discretion in carrying out its provisions and becomes an

arbitrary flexing of the government muscle

C. Change of circumstances or conditions may affect the validity of some statutes 1. E.g. emergency laws designed to meet certain contingencies 2. Deemed constitutional at the time of their enactment as a valid exercise of police power,

but change is circumstances and conditions makes the continued enforcement of the statute a violation of the Constitution and its basic principles.

D. Test of Validity 1. MUST NOT contravene Constitution or any statute 2. MUST NOT be unfair or oppressive 3. MUST NOT be partial or discriminatory 4. MUST NOT prohibit, but may regulate trade 5. MUST NOT be unreasonable 6. MUST be general and consistent with public policy

IX. Effect of unconstitutionality A. The views on the effects of declaration of the unconstitutionality of a statute:

1. Orthodox View a. An unconstitutional act is NOT A LAW, confers NO RIGHTS, imposes NO DUTIES,

affords NO PROTECTION, creates NO OFFICE; In its legal contemplation, INOPERATIVE as though it had never been passed.

b. No one may invoke it nor may the courts be permitted to apply it in subsequent cases c. A total nullity d. In Article 7 of the Civil Code

2. Modern View a. Less stringent b. Does not annul or repeal the statute if it finds it in conflict with the Constitution c. Refuses to recognize it and determine the rights of the parties just as of such statute

had no existence d. The court may give its reasons for ignoring or disregarding the law, but the decision

affects the parties only, and there is no judgment against the statute. e. DOES NOT STRIKE THE STATUTE FROM THE STATUTE BOOKS.

X. Invalidity due to change of conditions (SEE Change of circumstances or conditions may affect the validity of some statutes)

XI. Partial invalidity A. GENERAL RULE, where part of a statute is void as repugnant to the Constitution, while

another part is valid, the valid portion, if separable from the invalid, may stand and be enforced. 1. Presence of separability clause à presumption that legislature intended, separability rather

than complete nullity, of the stature 2. Valid portion must be independent: complete, intelligible, and valid stature which carries

legislative intent; 3. Void provision must be eliminated without causing results affecting the main purpose of the

act in a manner contrary to the intention of the legislature; no legal effect or efficacy B. EXCEPTION, when the parts of a statute are mutually dependent and connected as

conditions, considerations, inducements, or compensations for each other, as to warrant a

belief that the legislature intended them as a whole, the nullity of one part will vitiate the rest. (e.g. Tatad v. Secretary of the Department of Energy)

F. EFFECT AND OPERATION

1.41 When the Law takes effect

• Laws shall take effect after 15 days following the completion of their publication in the Official Gazette, “unless it is otherwise provided” - Article 2 of the Civil Code, and Section 18, Chapter 5, Book 1 of the Administrative Code

• The general rule when the law is silent as to its effectivity is 15 days. The exception is when the Legislature provides that it the law takes affect on a certain date or after a period following its publication.

• Completion of publication – refers to the date of the release of the Gazette or newspaper for circulation

• Tañada v. Tuvera – SC held that all laws shall be published as a condition of their effectivity. Not publishing the law violates the due process clause of the Constitution (people are officially and especially informed through the requirement of publication before the law becomes binding)

• Phil Veterans Bank Employees Union v. Vega – the phrase “unless it is otherwise provided” provides an exception in that the Congress may provide in the law that it shall take effect immediately upon its approval. This case is in conflict with Tañada. 1.42 When Presidential issuances, rules and regulations take effect

• Presidentʼs ordinance power: authority to issue executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders

• Requirement of publication applies to Presidential issuances, except those that are merely interpretative or internal in nature not concerning the public

• 2 Types of Rules and Regulations issued by administrative and executive officers: 1. those whose purpose is to enforce or implement existing law pursuant to a valid

delegation or to fill in the details of the statute 2. those which are merely interpretative in nature or merely internal in character not

concerning public • The first type requires publication for its effectivity; the second one does not. • Publication is also not required of letters of instructions issued by administrative superiors to

their subordinates in the performance of their duties • Requirement of filing for rules and regulations (intended to have a central office where

interested persons can secure copies of such rules): Every agency shall file with the University of the Philippines Law Center 3 certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three months from that date shall not thereafter be the basis of any sanction against any party or persons. – 1987 Administrative Code

• “unless clause” also follows. Or it may also be specified in the rule in cases of imminent danger to public health, safety and welfare.

• An example of the indispensable requirement of publication is the DMB-CCC No. 10 – circular that disallowed car plans, which were previously allowed of Philippine Ports officials. This is not a mere interpretation or internal regulation, thus should be published.

1.43 When local ordinance takes effect • Unless otherwise stated in the ordinance or the resolution approving the local development

plan and public investment program, it shall take effect after 10 days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal or barangay hall, AND in at least 2 other conspicuous spaces in the local government concerned.

• The secretary of the sanggunian concerned shall cause the posting of the ordinance in the said places not later than 5 days after approval thereof. Text of the ordincance or resolution shall be disseminated and posted in Filipino or English, or the dialect understood by the majority of the people in the LGU. The secretary shall also record the dates of approval and posting.

• Gist of all ordinances with penal sanctions shall be published in a newspaper within the province. In the absence of such, posting shall be made in all municipalities

• In case of highly urbanizes and independent component cities, the ordinance shall be posted and published once in a newspaper of general circulation within the city r in any newspaper of general circulation

• Highly urbanized: a city with a min population of 200K as certified by the NSO, and with annual income of at least 50Million pesos based on 1991 constant prices

1.44 Statutes continue in force until repealed • Statues may be permanent or temporary. • No repealing statute is needed to bring a temporary law to an end. • Unless otherwise stated, a statute continues to be in force until changed or repealed by the

legislature. It is not changed by change of sovereignty, except that of a political nature. (Principle that there is no break or interregnum in law)

• Once created, a law persists until a change takes place. 1.45 Territorial and Personal effect of statutes • The Philippines is independent and sovereign, its authority may be exercised over its entire

dominion. No portion that is beyond its power. Its laws govern therein and everyone to whom it applies must submit to its terms.

1.46 Manner of Computing Time • Years are of 365 days each. Months of 30 days. Days of 24 hours. Nights from sunset to

sunrise. • Months by their names – compute the number of days which they respectively have. • In computing period, the first day shall be excluded, and the last day included • The word week, without reference to the calendar – 7 consecutive days without regard to the

day from which it begins. • Civil code adopted: 365-day year and 30-day month, not the calendar year nor the solar or civil

month. A year is considered to have 365 days even if that year is a leap year. • Computation of years: After the 365th day, the first day of the next 365-day cycle begins. 1

year has been completed on the 365th day of his first cycles. • When a stature requires an act done within a specified number of days, e.g., 10 days from

notice, it means 10 calendar days and not 10 working days. • Include-the-first and exclude-the-last rule governs the computation of a period. If the last day

falls on a Sunday or a holiday, the act can be done the following day (but this does not apply to the computation of the period of prescription of a crime)

CHAPTER 2: Construction and Interpretation 2.01 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.

• Drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text conclusions which are in the spirit, though not within the letter of the text.

• It is not a mechanical endeavour nor can it be accomplished by modern “brain” machines. • Construction involves the exercise of choice by the judiciary.

2.02 Construction and interpretation distinguished

• Interpretation o Art of finding and true meaning and sense of any form of words.

• Construction o Process of drawing warranted conclusions not always included in direct expression, or

determining the application of words to facts in litigation. • Although, these two has technical distinctions, they are so alike in practical results and are

used interchangeably. In practice or common usage, they are understood as having the same signification.

2.03 Rules of construction, generally

• Tools used to ascertain legislative intent • They are not rules of Las but mere axioms of experience • The legislature is presumed to know the rules of statutory construction • It is said that a law which is ambiguous and deficient is a bad law. And a bad law makes cases

hard. Rules of statutory construction help the courts resolve bad cases. • Therefore, where there is ambiguity in the language of a statute, courts employ canons of

statutory construction to ascertain its true intent and meaning. However, they do not solve special difficulties in construing a particular statute.

• The legislature sometimes adopts rules of statutory construction as part of the provisions of ta statute.

o Art. 10 of the Civil Code, “In case of doubt in the interpretation or application of laws, it is presumed that the law making body intended right and justice to prevail”.

o Sec. 4 of Labor Code “All doubts in the implementation and interpretation of the provisions of this code, including its implementing rules and regulations, shall be resolved in favour of Labor”.

o Sec. 5 of Republic Act No. 7160 otherwise known as the Local Government code of 1991.

§ Provision on power of Local government unit (LGU) – interpreted – in favour of LGU

• In case of doubt, question shall be resolved in favour of devolution of powers and of the LGU

• Doubt of the existence of power – interpreted in favour of the LGU § In case of doubt, TAX ordinance or REVENUE measure – construe against the

LGU and in favour of the tax payer. Any exemption or incentives granted by the LGU – construe strictly against the person claiming it.

§ General welfare provisions in this code – interpreted to give more powers to local government units.

§ Rights and obligations existing on the date of effectivity of this code, involving LGU shall be governed by its original terms and conditions or the law in force at time such rights were vested.

§ In the resolution of controversies arising under this code, where no provisions or jurisprudence applies, resort may be had to the customs and traditions in the place the controversies take place.

o Remember: They (Statutory construction) may only be sued to clarify, not to defeat, legislative intent.

2.04 Purpose or object of Constructions

• To ascertain, and give effect to, the intent of the law. • True intent of legislature • To ascertain the meaning and will of the law-making body • They are only valuable when they subserve this purpose.

2.05 Legislative Intent, generally

• It is the vital part, essence of law • The intent of the legislature is the law • Intent is the spirit which gives life to legislative enactment. • It may not be consistent with the letter of the statute. • Courts will not follow the letter of the stature when it leads away from the true intent of the

legislature and to conclusions inconsistent with the general purpose of the act.

2.06 Legislative Purpose

• The reason why a particular statue was enacted by the legislature. What did they intend to achieve? To create new rights? Eliminate existing laws?

Legislation = active instrument of government which, for purposes of interpretation, means that laws have ends to be achieved.

2.07 Legislative Meaning

• what the law, by its language, means • what it covers, its limits? • Does the language of the law reflect what the legislature intended?

• If they are the same then it is synonymous. If they are not, then the courts by judicial construction, ascertain and give effect to such intent

2.08 Graphical Illustration

• The graphical illustration of the term “legislative intent” in component concepts (purpose and meaning) is Republic Act 809 otherwise known as the Sugar Act of 1952.

o Absence of written milling agreements, unrefined sugar produced and the by-products shall be divided 60% labourer and 40% planter.

o But then what if the planter and labourer have their own agreement with proportions 60% planter and 40% labourer?

o Miller (Central) -> Planter ->Labourer o Planter will blame the miller, miller had not been giving him his rightful share in the

sugar produce milled by the miller and that as a result, he was not able to adequately compensate his labourer. Planters had a strike and refused to plant.

o Congress enacted Republic Act No. 809 which, in effect, forced the planters to plant, and the centrals to mill, sugarcane by government taking over the planting and milling in the event that the planters and millers refuse to do their respective roles in the production of sugar.

• Purpose or reason of the legislature is to compel continuous production of sugar and to grant the plantersʼ labourers a share in the increased participation of the planters and sugar produce.

• “in the absence of written milling agreements” does this mean that the act is not applicable if there is no written agreement?

• “any increase in participation granted the planters under this act” does it exclude written agreement?

• A little rendition of these phrases will support either argument that the act is inapplicable when written milling agreement between the central and the planters exist, for such is the literal import of the provisions in question. This will defeat the purpose of the act, which is to grant the plantersʼ labourers a share in the sugar produce.

• With this, the legislative intent is, thus, to make the act operative irrespective of whether there exists a milling agreement between the central and sugar planters. (please refer to p. 109 for the details)

2.09 Matters inquired into in construing a statue

• The object of inquiry is not only to know what the legislature meant by the language used, but also to determine whether the language used sufficiently expresses that meaning.

• Originated in intention and perfected by expression.

2.10 Where legislative intent is ascertained

• 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. • If it is clear then the meaning must be determined from the language employed.

• If is not, then court may look beyond the statute, such as legislative history to ascertain what was in the legislative mind. They can also look to the purpose of the statute.

Illustrative Case:

Garcia V. Social Security Commission GR No. 170735; December 17, 2007.

Issue: whether or not the only surviving director of a corporation is liable for the whole collected and unremitted SSS constitution to SSS, with penalties.

Court Ruling: only the surviving director of said corporation is liable, by applying the pertinent provisions of the SSS Law and various rules of statutory construction.

• The surviving director of the Impact corporation is solely liable for the unremitted SSS premium contributions and penalties therefor.

• The petitioner avers that under the aforesaid provision, the liability does not include liability for the unremitted SSS premium contributions.

• But accordingly, the sections must be understood or interpreted as a whole and not by parts. The liability imposed as contemplated under the foregoing section 28 (f) of the social security law does not preclude the liability for the unremitted amount. This is also supported by SEC.22

• The petitioner also challenges the finding of the court of appeals that under sec. 28 (f) of SSS law, a mere director or officer of an employer corporation, and the managing director or officer can be held liable for the unpaid SSS contributions. But the court said, the petitioner, as a director is among those officers covered by sec. 28 (f). (“managing head, directors or partners shall be liable….”)

• The petitioner said that the rule in STAT CON is ejusdem generis. The general words should follow the enumeration. In our case, it is managing head, managing directors, managing partners. The Courts finds no need to resort to STAT CON since it is clear “managing head, directors or partners shall be liable….

• The petitioner said that according to SEC. 31 of Corporation code, only directors, trustees or officers who participated in unlawful acts or guilty of gross negligence and bad faith shall be personally liable. And she is only a stockholder. She is only liable up to the extent of her subscription. The court ruled that a corporate director, trustee or an officer, may be held solidarily liable with the corporation in the following instances:

o 4. When a director, trustee or officer is made, by specific provision of law, personally liable for his corporate action.

There is a violation of the SSS Law. It is also punishable under revised penal code.

• The petitioner said that “officers or members of a corporation are not personally liable for acts done in performance of their duties”. The court said that there is an exception, when the employer corporation does no longer exist and is unable to satisfy the judgment in favour of the employee, the officers should be held liable for acting on behalf of the corporation.

• The sympathy of the law on social security is toward its beneficiaries. Therefore, it will be in favour of the employees.

B. Power to Construe

• The duty and power to interpret and construe a statue or the Constitution belong to the judiciary. It is the court that has the final word as to what the law means.

-­‐ Supreme Court (SC) refrains from construing applicable law in controversies when it has become moot and academic. A case or question is moot and academic when its purpose has become stale or there is no practical relief of which can have no practical effect.

• Legislatures cannot overrule judicial construction. -­‐ Endencia v David, SC construed Article VIII Section of 1935 Constitution that

“member of the judiciary shall receive such compensation as may be fixed by law, which shall not be diminished during their continuance in office”. However, legislature enacted Republic Act (RA) No. 590 in Section 13 stating that “no salary whenever received by any public officer of the Republic of the Philippines shall be considered as exempt from the income tax, payment of which is hereby declared not to be a diminution of his compensation fixed by the Constitution or by law”. Issue: Can Legislature validly declare the collection of income tax on the salary of a public official, specially a judicial officer, not a decrease of his salary, after SC has found and decided otherwise? Held: SC ruled that the legislature cannot override its interpretation of the constitutional provision as the interpretation and application of laws belong exclusively to the judicial department.

• Interpretation of a statute or a constitutional provision by the courts is not sacrosanct as to be beyond modification or nullification. It can be modified or nullified by amending or repealing the statute.

• Only when the law is ambiguous or doubtful of meaning may the court interpret or construe its intent. An interpretation thereof is necessary in instances where a literal interpretation would be either impossible or absurd or would lead to injustice.

Sine qua non – condition wherein before the court may construe or interpret a statute, there must be doubt or ambiguity in its language. For where there is no ambiguity in the words of a statute, there is no room for construction.

Ambiguity – condition of admitting two or more meanings, of being understood in more than one way, or of referring to two or more things at the same time.

Verba legis (plain meaning rule) – where the statue is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation. This rule rests on the valid presumption

that the words employed by the legislature in a statute correctly express its intention or will and preclude the court from construing it differently.

• Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines

Legis interpretato legis vim obtinet – means that the authoritative interpretation of the SC of a statute acquires the force of law by becoming a part thereof as of the date of its enactment, since the courtʼs interpretation merely establishes the contemporaneous legislative intent that the statute thus construed intends to effectuate.

Stare decisis et non quieta novere (Article 9 of the Civil Code) – means that when the SC has once laid down a principle of law as applicable to a certains state of facts, it wil adhere to that principle and apply it to all future cases where the facts are substantially the same.

• Judicial ruling cannot be given retroactive effect if to do so will impair vested rights. A judicial ruling overruling a previous one cannot be applied retroactively so as to nullify a right which arose under the previous ruling before its abadonment.

• SC decisions are, however, subject to Article 4 of the Civil Code which provides that “laws shall have no retroactive effect unless the contrary is provided”. The ruling by the court modifying or reversing a doctrine or principle operates prospectively, and rights acquired such doctrine or principly prior to its modification or reversal may not be affected thereby.

-­‐ People v Jabinal, in People v Macarandang, SC interpreted Section 879 of the Revised Administrative Code, which states that “peace officers are exempted from the requirements relating to the issuance of license to possess firearms”. SC ruled that a person appointed by a provincial governor as secret agent is a peace officer within the meaning of this law. However in People v Mapa, SC abandoned the doctrine enunciated in the Macarandang case and held that a person appointed secret agent by a provincial governor is not a peace officer. Issue: In view of the express abandonment of the Macarandang doctrine, is a person appointed secret agent by a provincial governor and found in possession of an unlicensed firearm at a time when the Macarandang doctrine was still in force can be prosecuted and convicted of illegal possession of firearms? Held: No. When a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof.

Lex prospicit, non respicit – the law looks forward not backward

• Only SC en banc can modify or abandon principle of law, not any division of the Court. -­‐ “Court or matters heard by a division shall be decided or resolved with the

concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.” (Article VIII, Sec. 4(3))

• SC has the duty to formulate guiding and controlling constitutional principles, precepts, doctrines, or rules. Such guidelines are not judicial legislation, but the Court merely defines what the law is.

-­‐ Ang Bagong Bayani-OFW Labor Party v COMELEC, SC issued guidelines in the determination by COMELEC as to which parties comply with the requirements of party-list organizations allowed to participate in the party-list election system.

-­‐ Republic v CA, SC construed Article 36 of the Family Code on psychological incapacity as ground for annulment of marriage, issued eight guidelines.

-­‐ Morales v Enrile, SC construed Section 20, Article IV of the 1973 Constitution C. Limitations on Power to Construe

2.22 Courts may not enlarge or restrict statutes (a violence to the language of the law and to invade the legislative sphere) • Interpolation must be eschewed and evisceration avoided. • Common sense and good faith are the leading stars that guide judicial construction • The search must be for, and the end result should be, reasonable interpretation • Courts may not enlarge the scope of the statute, and include situations not provided or

intended by the lawmakers • They should not revise even the most unfair and arbitrary action of the legislature, nor rewrite

the law to conform with what they think should be the law. • Where a statute contains no limitations, courts should not engraft any. • Where the law limits applications to certain transactions, it cannot be extended to other

transactions by interpretation. • Courts should not construe statutes which are perfectly vague. (Utterly vague statutes: lacks

comprehensible standards that men of common intelligence must necessarily guess at its meaning or differ as to its application)

• Canet v. Decena: o Facts: Petitioner plans to operate a cockpit arena in the locality of the respondent. He

invokes the Resolution No. 049, S. 1998, wherein the Sangguniang Bayan authorized him to operate a cockpit and asked for a subsequent mayorʼs permit. The mayor denied his application.

o Issue: WON the respondent, in her capacity as municipal mayor, can be compelled to issue the necessary business permit to the petitioner absent a municipal ordinance which would empower her to do so.

o Held: There being no ordinance authorizing the grant of mayorʼs permitto operate and maintain cockpit arenas, the resolution that authorizes the petitioner to establish, operate and maintain a cockpit, cannot be implemented. To compel the respondent to

issue the mayorʼs permit would not only be a violation of the Section 447 of the Local Government Code of 1991, but would also be an undue encroachment on the respondentʼs administrative prerogatives. The granting of permits to operate businesses, may not, by interpretation or construction, be extended to other matters.

• Expression unius est exclusion alterius – express mention of one person, thing, act or consequences excludes all others

• Expressium facit cessare tacitum – what is expressed puts an end to what is implied

2.23 Courts not to be influenced by questions of wisdom • Since the legislature, by the very nature of its function, is primarily the judge of necessity,

adequacy, wisdom, reasonableness, and expediency of any law, courts may not take any of these matters into account in construing or interpreting the law

• As long as laws do not violate the Constitution, the courts merely interpret and apply them regardless of whether or not they are wise or salutary

• The judges/courts may only recommend to the authority or department concerned the amendment of a harsh, unwise or morally wrong law

• Courts do not sit to resolve the merits of conflicting theories