Docslide.us Statcon Agpalo Notes

7/24/2019 Docslide.us Statcon Agpalo Notes

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STATUTORY CONSTRUCTION

CHAPTER IPRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction the art or process of discovering andexpounding the meaning and intention of the authors of the law withrespect to its application to a given case, where that intention is rendereddoubtful, among others, by reason of the fact that the given case is not

explicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking theintention of the legislature in enacting a statute and applying it to a givenstate of facts.

A judicial function is reuired when a statute is invoked and differentinterpretations are in contention.

!ifference between judicial legislation and statutory construction" #herelegislature attempts to do several things one which is invalid, it may bediscarded if the remainder of the act is workable and in no way dependsupon the invalid portion, but if that portion is an integral part of the act, andits excision changes the manifest intent of the act by broadening its scopeto include subject matter or territory which was not included therein asenacted, such excision is $judicial legislation% and not $statutoryconstruction%.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction is the drawing of conclusions with respect tosubjects thatare beyond the direct expression of the text, while interretation is theprocess of discovering the true meaning ofthe language used.

&nterpretation is limited to exploring the written text. 'onstruction on theother hand is the drawing of conclusions, respecting subjects that liebeyond the direct expressions of the text.

SITUS OF CONSTRUCTION AND INTERPRETATION

&n our system of government"

1

(egislative power is vested in the 'ongress of the )hilippines the *enate and the +ouse of the epresentatives

2 -xecutive power is vested in the )resident of the epublic ofthe )hilippines Art. /&&, *ec.0, )hil. 'onst.1

3 Judicial power is vested in one *upreme 'ourt and in suchlower courts as may be established by law. Art /&&&, *ec. 0, )hil.'onst.1

(egislative makes the law

-xecutive 2 executes the law notes

Judicial interprets the law

*imply stated, the situs of construction and interpretation ofwritten laws belong to the judicial department.

&t is the duty of the 'ourts of Justice to settle actual controversiesinvolving rights which are legally demandable and enforceable, andto determine whether or not there has been a grave abuse ofdiscretion amounting to lack or excess of jurisdiction on the part ofany branch or instrumentality of the government.

*upreme 'ourt is the one and only 'onstitutional 'ourt and allother lower courts are statutory courts and such lower courts havethe power to construe and interpret written laws.

DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THELA!" RE#UISITES

1. 3here must be an actual case or controversy,

2. 3here is ambiguity in the law involved in the controversy.

Ambiguity exists if reasonable persons can find different meanings in astatute, document, etc.

A statute is ambiguous if it is admissible of two or more possiblemeanings.

&f the law is clear and uneuivocal, the 'ourt has no other alternative butto apply the law and not to interpret.

'onstruction and interpretation of law come only after it has beendemonstrated that application is impossible or inadeuate without them.

DIFFERENT $INDS OF CONSTRUCTION AND

INTERPRETATION

Her%eneuticsthe science or art of construction andinterpretation.

Le&a' (er%eneutics is the systematic body of rules which arerecogni4ed as applicable to the construction and interpretation of legalwritings.

!r. (ieber in his work on +ermeneutics gives the following c'assi)icationo) t(e *i))erent +in*s o) interretation"

1. 'lose interpretation adopted if just reasons connected with thecharacter and formation of the text induce as to take the words in thenarrowest meaning. 3his is generally known as$literal% interpretation.

2. -xtensive interpretation also called as liberal interpretation, it


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adopts a more comprehensive signification of the words.

3. -xtravagant interpretation substitutes a meaning evidently beyondthe true one. &t is therefore not genuine interpretation.

4. 5ree or unrestricted interpretation proceeds simply on he generalprinciples of interpretation in good faith, not bound by any specific orsuperior principle.

5. (imited or restricted interpretation 2 influenced by other principlesthan the strictly hermeneutic ones.

6. )redestined interpretation takes place when the interpreter,

laboring under a strong bias of mind, makes the text subservient tohis preconceived views and desires.

SU-ECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are theconstitution and statutes which include ordinances. 6ut we may also addresolutions, executive orders and department circulars.

CHAPTER IISTATUTES

LEGISLATI.E PROCEDURES

3he power to make laws is lodged in the legislative department of thegovernment.

A statute starts with a bill.

i'' is the draft of a proposed law from the time of its introduction in alegislative body through all the various stages in both houses. &t is enactedinto law by a vote of the legislative body. An /Act0is the appropriate termfor it after it has been acted on and passed by the legislature. &t thenbecomes a statute, the written will of the legislature solemnly expressedaccording to the form necessary to constitute it as the law of the state.

$*tatute (aw% is a term often used interchangeably with the word $statute%.*tatute (aw, however, is broader in meaning since it includes not onlystatute but also the judicial interpretation and application of the enactment.

HO! DOES A ILL ECOMES A LA! 1 STEPS

A bill before it becomes a law must pass the strict constitutionalreuirements explicit both in the 0789 'onstitution and the 07:8'onstitution.

)assage of a bill in a parliamentary system unicameral assembly1"


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1. A member of the ;ational Assembly may introduce theproposed bill to the *ecretary of the ;ational Assembly who

notes

will calendar the same for the first reading.

2. &n the first reading, the bill isread by its number and title only.

3. After the first reading, the bill isreferred by the *peaker to theappropriate committee for study.

At this stage, the appropriate

committee will conduct publichearings. 3hen after the publichearings, the committee shalldecide whether or not to reportthe bill favorably or whether asubstitute bil l should beconsidered. *hould there be anunfavorable report of thecommittee, then the proposedbill is dead.

4. 1 days from receipt thereof. =therwise, it shall become a law.

CONSTITUTIONAL TEST IN THE PASSAGE OF A ILL

3hree 91 very important constitutional reuirements in the enactment ofstatute"

1. -very bill passed by 'ongress shall embrace only one subject whichshall be expressed in the title thereof. 3he purposes of thisconstitutional reuirements are"

13o prevent hodge2podge or log2rolling legislation?

23o prevent surprise or fraud upon the legislature? and

33o fairly apprise the people, through such publications oflegislative proceedings as is usually made, of the subjects oflegislation that are being considered, in order that they

1may have opportunity of being heard thereon by petition orotherwise, if they shall so desire.

2. ;o bill passed by either +ouse shall become law unless it haspassed three readings on separate days, and printed copies thereofin its final form have been distributed to each member three daysbefore its passage.

3. -very bill passed by the 'ongress shall, before it becomes a law, bepresented to the )resident. 3he executive approval and veto powerof the )resident is the third important constitutional reuirement inthe mechanical passage of a bill.

PARTS OF STATUTE

1. Tit'e the heading on the preliminary part, furnishing the name bywhich the act is individually known. &t is usually prefixed to thestatute in the brief summary of its contents.

2. Prea%2'e part of statute explaining the reasons for its enactment and the objects sought to beaccomplished.


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$INDS OF STATUTES

1. Genera' La4affects the community at large. 3hat whichaffects allpeople of the state or all of a particular class.

2. Secia' La4designed for a particular purpose, or limited inrangeor confined to a prescribed field of action on operation.

3. Loca' La4relates or operates over a particular locality instead ofover the whole territory of the state.

4. Pu2'ic La4a general classification of law, consistinggenerally ofconstitutional, administrative, criminal, and international law,concerned with the organi4ation of the state, the relations betweenthe state and the people who compose it, the responsibilities ofpublic officers of the state, to each other, and to private persons, andthe relations of

state to one another. )ublic law may be general, local or notes

special law.

5. Pri3ate La4 defines, regulates, enforces and administersrelationships among individuals, associations and corporations.

6. Re%e*ia' Statuteproviding means or method wherebycauses ofaction may be affectuated, wrongs redressed and relief obtained.

7. Curati3e Statutea form of retrospective legislation whichreachesback into the past to operate upon past events, acts or transactionsin order to correct errors and irregularities and to render valid andeffective many attempted acts which would otherwise be ineffectivefor the purpose intended.

8. Pena' Statute defines criminal offenses specify correspondingfines and punishments.

9. Prosecti3e La4applicable only to cases which shall ariseafterits enactment.

10. Retrosecti3e La4looks backward or contemplates thepast? onewhich is made to affect acts or facts occurring, or rights occurring,before it came into force.

11.A))ir%ati3e Statutedirects the doing of an act, or declareswhatshall be done in contrast to a negative statute which is one thatprohibits the things from being done, or declares what shall not bedone.

12. Man*atory Statutes generic term describing statutes whichreuire and not merely permit a course of action.

CONCEPT OF .AGUE STATUTES

*tatues or act may be said to be vague when it lacks comprehensiblestandards those men $of common intelligence must necessarily guess atits meaning and differ as to its application.

*tatute is repugnant to the 'onstitution in two @1 respects"

1. &t violates due process for failure to accord persons fair notice of

conduct to avoid? and2. &t leaves law enforcers unbridled discretions.

3he *upreme 'ourt held that the $vagueness% doctrine merely reuires areasonable degree of certainty for the statute to be upheld222 not absoluteprecision or mathematical exactitude. 5lexibility, rather than meticulousspecificity, is permissible as long as the metes and bounds of the statuteare clearly delineated


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REPEALS OF STATUTE MAY E E5PRESSED OR IMPLIED

E6ress reea' 1 is the abrogation or annulling of a previouslyexistinglaw by the enactment of a subseuent statute which declares that theformer law shall be revoked and abrogated.

I%'ie* reea'when a later statute contains provisions socontrary toirreconcilable with those of the earlier law that only one of the two statutescan stand in force.

3he repeal of a penal law deprives the court of jurisdiction to punishpersons charged with a violation of the old penal law prior to its repeal.

On'y a 'a4 can reea' a 'a4.

3he intention to repeal must be clear and manifest, otherwise, at least, asa general rule, the later act is to be construed as a continuation of, and nota substitute for, the first act.

3wo @1 categories of repeal by implication"

1. #here provision in the two acts on the same subject matter are in anirreconcilable conflict?

2. &f the later act covers the whole subject of the earlier one and isclearly intended as a substitute to be a complete and perfectsystem in itself.

ORDINANCE

Or*inancean act passed by the local legislative body in the exercise ofits law2making authority.

TEST OF .ALID ORDINANCE

1. Must not contravene the 'onstitution 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 be general and consistent with public policy? and

6. Must not be unreasonable.

REASON !HY AN ORDINANCE SHOULD NOT CONTRA.ENE ASTATUTE

(ocal councils exercise only delegated legislative powers conferred onthem by 'ongress as the national law making body.

3he delegate cannot be superior to the principal.

ROLE OF FOREIGN -URISPRUDENCE

)hilippine laws must necessarily be construed in accordance with the intention of its own law makers and suchintent may be deduced from the language of each law and the context of other local legislation related thereof.


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CHAPTER III notes

ASIC GUIDELINES IN THE CONSTRUCTION ANDINTERPRETATION OF LA!S

LEGISLATI.E INTENT

3he object of all interpretation andconstruction of statutes is to ascertainthe meaning and intention of thelegislature, to the end that the samemay be enforced.

(egislative intent is determinedprincipally from the language of thestatute..ERA LEGIS

&f the language of the statute is plainand free from ambiguity, and expressa single, definite, and sensiblemeaning, that meaning is conclusivelypresumed to be the meaning whichthe legislature intended to convey.

STATUTES AS A !HOLE

A cardinal rule in statutory

construction is that legislative intent

must be ascertained from a consideration of the statute as a whole andnot merely of a particular provision. A word or phrase might easily conveya meaning which is different from the one actually intended.

A statute should be construed as a whole because it is not to be presumedthat the legislature has used any useless words, and because it isdangerous practice to base the construction upon only a part of it, sinceone portion may be ualified by other portions.

SPIRIT AND PURPOSE OF THE LA!

#hen the interpretation of a statute according to the exact and literalimport of its words would lead to absurd or mischievous conseuences, orwould thwart or contravene the manifest purpose of the legislature in itsenactment, it should be construed according to its spirit and reason,disregarding or modifying, so far as may be necessary, the strict letter ofthe law.

1 #hen the reason of the law ceases, the law itself ceases.

2 !octrine of necessary implications. #hat is implied in a statuteis as much a part thereof as that which is expressed.

CASUS OMISSUS

#hen a statute makes specific provisions in regard to several enumeratedcases or objects, but omits to make any provision for a

case or object which is analogous to those enumerated, or which standsupon the same reason, and is therefore within the general scope of thestatute, and it appears that such case or object was omitted byinadvertence or because it was overlooked or unforeseen, it is called a/casus o%issus07*uch omissions or defects cannot be supplied by thecourts.

3he rule of $casus omissus pro omisso habendus est% can operate andapply only if and when the omission has been clearly established.

STARE DECISIS

&t is the doctrine that, when court has once laid down a principle, andapply it to all future cases, where facts are substantially the same,regardless of whether the parties and properties are the same.

Stare Decisis. 5ollow past precedents and do not disturb whathas beensettled. Matters already decided on the merits cannot be relitigated againand again.

Stare decisis et non quieta movere follow past precedents and donot

disturb what has been settled.

CHAPTER I.CONSTRUCTION AND INTERPRETATION OF !ORDS AND

PHRASES

!HEN THE LA! DOES NOT DISTINGUISH, COURTS SHOULD NOT DISTINGUISH

#hen the law does not distinguish, courts should not distinguish. 3he rule, founded on logic, is a corollary ofthe principle that general words and phrases of a statute should ordinarily be accorded their natural andgeneral significance.

3he courts should administer the law not as they think it ought to be but as they find it and without regard toconseuences.

1 &f the law makes no distinction, neither should the 'ourt.

E5CEPTIONS IN THE STATUTE


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#hen the law does not make any exception, courts may not exceptsomething unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS notes

eneral terms in a statute are to receive a general construction, unlessretrained by the context or by plain inferences from the scope and purposeof the act.

eneral terms or provisions in a statute may be restrained and limited byspecific terms or provisions with which they are associated.

*pecial terms in a statute may sometimes be expanded to a generalsignification by the consideration that the reason of the law is general.

GENERAL TERMS FOLLO!ING SPECIAL TERMS 8E-USDEMGENERIS9

&t is a general rule of statutory construction that where general wordsfollow an enumeration of persons or things, by words of a particular andspecific meaning, such general words are not to be construed in theirwidest extent, but are to be held as applying only to persons or things ofthe same general kind or class as those specifically mentioned. 6ut thisrule must be discarded where the legislative intention is plain to thecontrary.

3his rule is commonly called the $ejusdem generis% rule, because itteaches us that broad and comprehensive expressions in an act, such as$and all others%, or $any others%, are usually to be restricted to persons orthings $of the same kind% or class with those specially named in thepreceding words.

ule of ejusdem generismerely a tool of statutory construction resorted towhen legislative intent is uncertain.

E5PRESS MENTION AND IMPLIED E5CLUSION

&t is a general rule of statutory construction that the express mention ofone person, thing, or conseuence is tantamount to an express exclusionof all others. Expressio unius est exclusioalterius.

-xcept"

1 #hen there is manifest of injustice

2 #hen there is no reason for exception.

ASSOCIATED !ORDS 8NOSCITUR SOCIIS9

#here a particular word is eually susceptible of various meanings, itscorrect construction may be made specific byconsidering the company of terms in which it is found or with which it is associated.


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USE OF NEGATI.E !ORDS

;egative words and phrases regarded as mandatory while thoseaffirmative are mere directory.

3he word /s(a''0 emphasi4es mandatory character and meansimperative, operating to impose a duty which may be enforced.

THE USE OF THE !ORD /MAY0 AND /SHALL0 IN THESTATUTE


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irreconcilable inconsistency and repugnancy exists in terms of the newand old laws.

PRESUMPTION AGAINST INEFFECTI.ENESS

&n the interpretation of a statute, the 'ourt should start with theassumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ASURDITY

*tatutes must receive a sensible construction such as will give effect tothe legislative intention so as to avoid an unjust and absurd conclusion.

)resumption against undesirable conseuences were never intended by alegislative measure.

PRESUMPTION AGAINST .IOLATION OF INTERNATIONAL LA!

)hilippines as democratic and republican state adopts the generallyaccepted principles of international law as part of the law of the land andadheres to the policy of peace, euality, justice, freedom, cooperation,and amity with all nations. Art. &&, *ec. @, )hil. 'onstitution1.

CHAPTER .I

INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION

INTRINSIC AIDS

3he term $intrinsic% means internal or within. &ntrinsic aids, therefore, arethose aids within the statute.

&ntrinsic aids are resorted to only if there is ambiguity. &n resorting tointrinsic aids, one must go back to the parts of the statute" the title, thepreamble, context or body, chapter and section headings, punctuation,and interpretation.

CHAPTER .II notes

E5TRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION

E5TRINSIC AIDS

3hese are existing aids from outside sources, meaning outside of the fourcorners of the statute. &f there is any doubt as to the meaning of thestatute, the interpreter must first find that out within the statute.

-xtrinsic aids therefore are resorted to after exhausting all the available

intrinsic aids and still there remain some ambiguity in the statute.

-xtrinsic aids resorted to by the courts are history of the enactment of thestatute? opinions and rulings of officials of the government called upon toexecute or implement administrative laws? contemporaneous constructionby executive officers? actual proceedings of the legislative body? individualstatements by members of congress? and the author of the law.

=ther sources of extrinsic aids can be the reports and recommendationsof legislative committees? public policy? judicial construction? andconstruction by the bar.

CHAPTER .IINTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION

INTRINSIC AIDS

3he very term $intrinsic% means internal or within.

&ntrinsic aids, therefore, are those aids within the statute.

&f the language of the statute is clear and uneuivocal, there is no need toresort to intrinsic aids.

&n resorting to intrinsic aids, one must go back to the parts of the statute.

THE TITLE OF THE LA! IS A .ALUALE INTRINSIC AID INDETERMINING LEGISLATI.E INTENT

TE5T OF THE STATUTE AS INTRINSIC AID

*ubtitle of the statute as intrinsic aid in determining legislative intent.PREAMLE AS INTRINSIC AID

3he intent of the law as culled from its preamble and from the situation,circumstances and conditions it sought to remedy, must be enforced.

)reamble used as a guide in determining the intent of the lawmaker.


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CHAPTER .IIE5TRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION

E5TRINSIC AIDS

-xtrinsic aids are existing aids from outside sources, meaning outsidefrom the four corners of the statute.

-xtrinsic aids are resorted to after exhausting all the available intrinsicaids and still there remain some ambiguity in the statute.

-xtrinsic aids resorted to by the courts are"

1+istory of the enactment of the statute?

2 =pinions and rulings of officials of the governmentcalled upon to execute or implement administrative laws?

3 'ontemporaneous construction by executive officerscharged with implementing and enforcing the provisions of thestatutes unless such interpretation is clearly erroneous?

4 Actual proceedings of the legislative body?

5 &ndividual statements by members of congress? and

6 3he author of the law

=ther sources of extrinsic aids are"

1 eports and recommendations of legislativecommittees?

2 )ublic policy?

3 Judicial construction? and

4 'onstruction by the bar

&t is a well2accepted principle that where a statute is ambiguous, courtsmay examine both the printed pages of the published Act as well as thoseextrinsic matters that may aid in construing the meaning of the statute,such as the history of its enactment, the reasons of the passage of the billand purposes to be accomplished by the measure.

&ndividual statements by members of 'ongress on the floor do notnecessarily reflect legislative intent.

3he best interpreter of the law or any of its provisions is the author of thelaw.

CHAPTER .III notes

STRICT AND LIERAL CONSTRUCTION AND INTERPRETATIONOF STATUTES

GENERAL PRINCIPLES

&f a statute should be strictly construed, nothing should beincluded within the scope that does not come clearly within themeaning of the language used.

6ut the rule of strict construction is not applicable where themeaning of the statute is certain and unambiguous , for under

these circumstances, there is no need for construction.

=n the other hand, there are many statutes which will be liberallyconstrued. 3he meaning of the statute may be extended to matterswhich come within the spirit or reason of the law or within the evilswhich the law seeks to suppress or correct.

(iberal interpretation or construction of the law or rules, however,applies only in proper cases and under justifiable causes and

circumstances. #hile it is true that litigation is not a game of

technicalities, it is eually true that every case must be prosecutedin accordance with the prescribed procedure to insure an orderlyand speedy administration of justice.

PENAL STATUTES

)enal laws are to be construed strictly against the state and infavor of the accused. +ence, in the interpretation of a penalstatute, the tendency is to subject it to careful scrutiny and toconstrue it with such strictness as to safeguard the right of theaccused.

&f the statute is ambiguous and admits of two reasonable butcontradictory constructions, that which operates in favor of a partyaccused under its provisions is to be preferred.

TA5 LA!S

3axation is a destructive power which interferes with the personaland property rights of the people and takes from them a portion oftheir property for the support of the government.

Accordingly, in case of doubt, tax statutes must be construedstrictly against the government and liberally in favor of thetaxpayer, for taxes, being burdens, are not to be presumed beyondwhat the applicable statute expressly and clearly declares.

Any claim for exemption from a tax statute is strictly construedagainst the taxpayer and liberally in favor of the state.


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NATURALI:ATION LA!

;aturali4ation laws should be rigidly enforced and strictly construed infavor of the government and against the applicant.

INSURANCE LA!

'ontracts of &nsurance are to be construed liberally in favor of the insuredand strictly against the insurer. 3hus, ambiguity in the words of aninsurance contract should be interpreted in favor of its beneficiary.

LAOR AND SOCIAL LEGISLATIONS

!oubts in the interpretation of #orkmenBs 'ompensation and

(abor 'ode should be resolved in favor of the worker. &t should be liberallyconstrued to attain their laudable objective, i.e., to give relief to theworkman andCor his dependents in the event that the former should die orsustain in an injury.

3he sympathy of the law on social security is towards its beneficiaries andthe law by its own terms, reuires a construction of utmost liberality intheir favor.

RETIREMENT LA!S

etirement laws are liberally interpreted in favor of the retiree because the

intention is to provide for the retireeBs sustenance and comfort, when he isno longer capable of earning his livelihood.

ELECTION RULES

*tatute providing for election contests are to be liberally construed to theend that the will of the people in the choice of public officer may not bedefeated by mere technical objections.

RULES OF COURT

ule of court shall be liberally construed in order to promote theirobjective of securing a just, speedy and inexpensive disposition of everyaction and proceeding.

CHAPTER I5PROSPECTI.E AND RETROSPECTI.E STATUTES

GENERAL PRINCIPLES

Prospective statute is a statute which operates upon acts andtransactions which have not occurred when the statute takes effect, thatis, which regulates the future.

notes

Retrospective or retroactive law is one which takes away or impairsvested rights acuired under existing laws, or creates new obligations andimposes new duties, or attaches new disabilities in respect of transactionalready past.

A sound canon of statutory construction is that statutes operateprospectively only and never retrospectively, unless the legislative intentto the contrary is made manifest either by the express terms of the statuteor by necessary implication.

3he 'ivil 'ode of the )hilippines follows the above rule thus" (aws shallhave no retroactive effect, unless the contrary is provided.

etroactive legislation is looked upon with disfavor, as a general rule andproperly so because of its tendency to be unjust and oppressive.

PENAL STATUTES

)enal statutes as a rule are applied prospectively. 5elonies andmisdemeanors are punished under the laws in force at the time of theircommission. Art. 9DD, )'1.

+owever, as an exception, it can be given retroactive effect if it isfavorable to the accused who is not a habitual criminal. Art. @@, )'1.

PROCEDURAL LA!S ARE RETROSPECTI.E

*tatutes regulating the procedure of the 'ourt will be construed asapplicable to actions pending and undermined at the time of theirpassage. +owever, ules of )rocedure should not be given retroactiveeffect if it would result in great injustice and impair substantive right.

)rocedural provisions of the (ocal overnment 'ode are retrospective.

CURATI.E STATUTES

3hey are those which undertake to cure errors and irregularities andadministrative proceedings, and which are designed to give effect tocontracts and other transactions between private parties which otherwisewould fail of producing their intended conseuences by reason of somestatutory disability or failure to comply with some technical reuirement.

They are thereforeretroactive in their character.

CHAPTER 5CONFLICTING STATUTES


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EFFECT SHOULD E GI.EN TO THE ENTIRE STATUTE

&t may happen that in a statute, conflicting clauses and provisions mayarise. &f such situation may occur, the statute must be construed as awhole.

STATUTES IN PARI MATERIA

*tatutes that relate to the same subject matter, or to the same class ofpersons or things, or have the same purpose or object.

*tatutes inpari materiaare to be construed together? each legislative actis to be interpreted with reference to other acts relating to the same matter

or subject.

+owever, if statutes of eual theoritical application to a particular casecannot be reconciled, the statute of later date must prevail being a laterexpression of legislative will.

GENERAL AND SPECIAL STATUTES

*ometimes we find statutes treating a subject in general terms andanother treating a part of the same subject in particularly detailed manner.

&f both statutes are irreconcilable, the general statute must give way to thespecial or particular provisions as an exception to the general provisions.

3his is so even if the general statute is later enactment of the legislatureand broad enough to include the cases in special law unless there ismanifest intent to repeal or alter the special law.

STATUTE AND ORDINANCE

&f there is conflict an ordinance and a statute, the ordinance must giveway.

&t is a well2settled rule that a substantive law cannot be amended by aprocedural law.

A general law cannot repeal a special law.

&n case of conflict between a general provision of a special law and aparticular provision of a general law, the latter will prevail.

#hen there is irreconcilable repugnancy between a proviso and the bodyof a statute, the former prevails as latest expression of legislative intent.

3he enactment of a later legislation which is general law cannot beconstrued to have repealed a special law.

A statute is superior to an administrative circular, thus the later notes

cannot repeal or amend it.

#here the instrument is susceptible of two interpretations, onewhich will make it invalid and illegal and another which will makeit valid and legal, the latter interpretation should be adopted.

&n case of conflict between an administrative order and theprovisions of the 'onstitutions, the latter prevails.

CHAPTER 5ICONSTRUCTION AND INTERPRETATION OF THE

CONSTITUTION

A constitution is a system of fundamental law for the governanceand administration of a nation. &t is supreme, imperious, absolute,and unalterable except by the authority from which it emanates.


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adoption, and the evils, if any, sought to be prevented or remedied.

2. =ne provision of the 'onstitution is to be separated from all theothers, to be considered alone, but that all provisions bearing upon aparticular subject are to be brought into view and to be interpretedas to effectuate the great purposes of the instrument.

3. 3he proper interpretation of the 'onstitution depends more on how itwas understood by the people adopting it than the framerBsunderstanding thereof.

THE CONSTITUTIONAL PRO.ISION ON NATURAL;ORN CITI:ENSOF THE PHILIPPINES GI.EN RETROACTI.E EFFECT

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