Law

1. In jural and generic sense – the whole body or system of law.2. In jural and concrete sense – rule of conduct formulated and made obligatory by

legitimate power of the state.

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

passed by o the Philippine commissiono the Philippine Legislatureo the Batasang Pambansao and the Congress of the Philippines

Statutes as public or private

Public statute - is one which affects the public at large or the whole community.o General Law - is one which applies to the whole state and operates

throughout the state alike upon all the people or all of the class.o Special law - is one which relates to particular persons or things of a class

or to a particular community, individual or thing.o Local law - is one whose operation is confined to a specific place or

locality. Ex. Municipal ordinances Private statute - is one which applies only to a specific person or subject.

Statutes as permanent or temporary

Permanent statute – is one whose operation is not limited in duration but continues until repealed.

Temporary statute – a statute whose duration is for a limited period of time fixed in the statute itself if whose life ceases upon the happening of an event.

Statutes as prospective or retroactive

Prospective statutes - law applicable only to cases which shall arise after its enactment.

Retroactive statutes - law which looks backwards or contemplates the past, before it came into force.

Other classes

Operation Declaratory Curative - a form of retrospective legislation which reaches back into the past to

operate upon past events, acts, or transactions in order to correct errors and irregularities.

Directory Substantive Remedial - a statute providing means of method where by causes of action may be

effectuated, wrongs redressed and relief obtained.

Penal - a statute that defines criminal offenses and their treats of their nature and their punishment.

Affirmative - a statute declares what shall be done or be done. Mandatory - a statute which requires and not merely permit a course of action

“Shall”

Manner of referring to statutes

Public Acts - statutes from Philippines legislature from 1901 to 1935. Commonwealth Acts -laws during Commonwealth from 1936 to 1946. Republic Acts - laws passed from Congress from 1946 to 1972 and 1987 (1987

Constitution) Batas Pambansa - law promulgated by the Batasang Pambansa.

Legislative power - power to enact law (to make/alter/repeal laws) -Executive power - power to execute lawsJudicial power - power to interpret and apply laws

Bill - is the draft of a proposed law - is a proposed legislative measure introduced by a member or members of Congress for enactment into law.

Steps in the passage of bill into law

1. A bill is proposed (signed by the authors and secretary of the house) to the secretary of the national assembly who will calendar the same for the first reading. It may originate from either the lower or upper house.

*except - appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills, which shall originate exclusively in the House of Representatives since they are expected to be more sensitive to the local needs and problems while senate =national perspective.

2. First reading - the bills is read by its number and title only.3. Bill is referred by the speaker to the appropriate committee for study and

recommendation. The committee will hold public hearings; committee will decide whether or not to report the bill favorably. * Should there be unfavorable report, the proposed bill is dead. If favorable the bill is calendar for the 2nd reading.

4. Second reading - Bill is read in full and set for open debates for amendments.5. If bill is approved it shall be calendar for the third reading. 6. 3 days before its passage bill is printed in final form and copies are distributed to the

members of the house.7. Third reading - no amendment shall be allowed. Only the title is read and the

members (quorum- sufficient no. of members to transact its daily business) shall vote. If No wins, the proposed bill is dead, if approved it will be submitted to the other house.

8. The other house will undergo with the same process (another 3 readings on separate days). If there is no amendment, the bill is passed by the Congress and shall be submitted to the president . If the two house have defferences in amendments, it shall be settled with the bicameral conference committee. *Conference committee - is the mechanism for compromising differences between the Senate nad the House in the passage of a bill into a law. -It is within the power to include in its report an entirely new provision that is not found both house - 3 readings and no amendment rule does not apply

9. If the bill is passed it shall be submitted to the President for approval, or may veto it within 30 days after receipt. If vetoed, it shall return to the house where it originated. If approved by 2/3 it shall become a law

3 ways a bill becomes a law

1. When the President signed it2. When the president does not signed it not communicate his veto within 30 days after

its receipt3. When vetoed bill is repassed by the congress by 2/3 vote of all its members.

Parts of Statute

1. Title “one title one subject rule”

- to prevent hodgepodge or log rolling statutes, - to prevent surprise or fraud, - to apprise the people, through such publication of legislative proceedings as is

usually made, of the subjects of the legislation that are being heard thereon, by petition or otherwise if they shall so desire.

- To clarify doubt or ambiguity in the meaning and scope of a statute, and limiting a statute to only one subject and expressing it in its title will strengthen its function as an intrinsic aid to statutory construction.

How requirement of title construed – Title of bill should be liberally construed. When requirement not applicable – Requirement applies only to bills which may

thereafter be enacted into law. It does not apply to laws in force and existing at the time the 1935 Constitution took effect.

Effect of insufficiency of title – the subject matter as is not expressed therein is void, leaving the rest in force, unless the invalid provisions are inseparable from the other, in which case the nullity of the former vitiates the latter.

2. Preamble - a prefatory statement or explanation or finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed.

3. Enacting clause - states the authority by which the act is enacted. Philippines legislature became bicameral - “Be it enacted by the Senate and

House of Representative of the Philippines in Legislature assembled and by authority of the same.”

Commonwealth - “Be it enacted by the national assembly of the Philippines.” Later change to “Be it enacted by the Senate and House of Representatives in Congress assembled.” When the assembly became bicameral.

Batasang Pambansa - “Be it enacted by the Batasang Pambansa in session assembled.”

Presidential decrees - “NOW THEREFORE, I, ____, president of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:”

Executive Order - “Now, therefore, I, ____, hereby order:”4. Body - is that part which tells what the law is all about. (procedural provision and

substantive\parts”5. Repealing clause - part of statute which announces the prior statutes or specifies

provision which have been abrogated by reason of the enactment of the new law. * The power to declare law unconstitutional does not lie with the legislature, but with courts.

6. Saving clause - restriction in a repealing act7. Separability clause - is that part which states that if any provision of the act is

declared invalid, the remainder shall not be affected thereby.8. Effectivity clause - is the provision when the law takes effect.

.

Enactment of budget and appropriations law

Budget process consist of major 4 phases

1. Budget Preparation2. Budget Authorization3. Budget Execution4. Budget Accountability

General appropriation bill - is a special type of legislation, whose content is limited to specified sums of money dedicated to specific purposes or a separate fiscal unit.

Restrictions in passage of budget or revenue bills subject to sec 25 of art. VI

1. Budget preparation by the President and submission to Congress.The congress may not increase the appropriations recommended by the President for the operation of the Government as specified in budget. The form, content, manner of preparation of budget shall be prescribe by law.*”power of purse” belongs to Congress, subject only to the veto power of president.

2. Each provision must relate specifically to particular appropriation.No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein.*”inappropriate provision” - any provision which is intended to amend another law.

3. Procedure in approving appropriations.The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriation for the other departments and agencies.

4. Special appropriation bill to specify purpose.A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

5. Restriction on transfer of appropriation, exception;No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. *the Senate President and the Speaker are authorized to realign savings as appropriated while individual members may determine the necessity of alignment of savings in the allocation of their operating expenses.

6. Discretionary funds requirements.Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribe by law.

7. Automatic re-enactment of budget.If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriation bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

8. President’s veto powerThe President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

*item in a bill – refers to the particulars, the details, the distinct, and several parts of the bill.*item in an appropriation bills – a specific appropriation of money, not some general provision of law, which happens to be put into an appropriation bill.

9. No public funds to be spent except by law.No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

10. No public money or property for religious purposes.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, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

11. Money for special purpose.All money collected on any tax levied for special purpose shall be treated as a special fund and paid out for such purpose only. Of the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

12. Highest budgetary priority to education, directoryThe State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Rules and record of legislative proceedings

Art. VI

Sec 16 (3) Each House may determine the rules of its proceedings, x x x

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the members present, be entered in the journal. Each House shall also keep a record of its proceedings.

Sec 26 x x x

(2) x x x Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the journal.

Sec 27 (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the president. x x x If he approves the same shall sign it; otherwise, he shall veto it and return the same with his objection to the House where it originated, which shall enter the objection at large in its Journal and proceed to reconsider it. x x x In all such cases the votes of each House shall be determined by yes and nays, and the names of the members voting for or against shall be entered into its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. x x x.”

Legislative Journals and enrolled bill are declared conclusive upon the courts.

In case of conflict between the enrolled bill and the legislative journal, the former should prevail except as to matters that the Constitution requires to be entered in the journal.

Enrolled bill – the bill as passed by Congress, authenticated by the Speaker and Senate President and approved by the President.

*Courts cannot go behind the enrolled act to discover what really happened.

If there has been any mistake in the printing of the bill before it was certified by the officer of the assembly and approve by the chief executive, the remedy is by amendment by enacting a curative legislation, not by judicial decree.

The Speaker and the President of the Senate may withdraw their respective signatures from the signed bill where there is serious and substantial discrepancy between the text of the bill as deliberated in the legislature and shown by the journal and that of the enrolled bill.

The court can declare that the bill has not been duly enacted and did not accordingly become a law.

Issuances, rules and ordinances

Presidential issuances – are those which the President issues in the exercise of his ordinance power.

Executive order –acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers.

Administrative orders –acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head.

Proclamations – are acts of the President fixing a date or declaring a statute or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend.

Memorandum orders – acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government.

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 departments, agencies, bureaus or offices of the Government, for information or compliance.

General or Special orders – acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines.

Presidential decrees are laws which are of the same category and binding force as statutes because they were issued by the President in the exercise of his legislative power during the period of Martial Law under the 1973 Constitution

Administrative power is concerned with the work of applying policies and enforcing orders as determined by proper governmental organs.

The concept of limited government has always included the idea that governmental powers stop short of certain intrusions into the personal life of the citizen.

Rules and regulations in accordance and as authorized by law have the force and effect of law or partake the nature of a statute.

Administrative rules and regulations – rules and regulations issued by administrative or executive officers in accordance with, and authorized by, law have the force and effect of a law or partake the nature of a statute.

Validity

Should be germane to the objects and purpose of the law That the regulations be not in contradiction with, but conform to, the standards that

the law prescribes That they be for the sole purpose of carrying into effect the general provision of the

law.

*A rule or regulation which restricts or enlarges such statute is invalid.

Characteristic

Be complete in itself – it must set forth therein the policy to be executed, carried out or implemented by the delegate

Fix a standard – the limits of which are sufficiently determinate or determinable.

A statute is superior to an administrative regulation and the former cannot be repealed or amended by the latter.

Administrative rules and regulations are intended to carry out, neither to supplant nor to modify law.

Administrative issuances to be valid:

It’s promulgation must be authorized by the legislature It must be promulgated in accordance with the prescribed procedure It must be within the scope of the authority given by the legislature It must be reasonable

To be valid it must not be ultra vires or beyond the limits of the authority conferred.

Ratione cessat lex, et cessat lex - the application of the law should be consistent with the purpose of and reason for the law. “When the reason for the law ceases, the law ceases.”

Administrative rules and regulations are not immune from judicial review. They may be properly challenged before the courts to ensure that they do not violate the Constitution and no grave abuse of administrative discretion is committed by the administrative body concerned.

When an administrative agency promulgates rules and regulations, it makes a new law with the force and effect of a valid law, while when it renders an opinion or gives a statement of policy, it merely interprets a pre existing law.

Rule making power of the Supreme Court – The 1987 Constitution grants the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.

as provided in sec 5 (5) Art. VIII

“No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.”

Supreme Court adopted the 1997 Rules of Civil procedure and introduced new provision to, modified the old provision of, the rules of Court from Rules 1 to 71.

The rule making power includes the power to repeal procedural laws. The legislature may enact law which are substantive and procedural, but the Supreme Court, in the exercise of its rule making power, does not have the power to promulgate rules which are substantive in nature.*If it takes away vested right, it is not procedural. If the rule creates right, it is substantive but if operates as a means of implementing an existing right then the rule deals merely with procedure. Where to prosecute an appeal or transferring the venue of appeal is procedural.

Legislative power of local government – power of local legislative bodies to enact ordinances, consisting of barangay ordinance, municipal ordinance, city ordinance, and provincial ordinance.

Principles of ordinances

1. must not contravene the Constitution or any statute2. must not be unfair or oppressive3. must not be partial or discriminatory4. must not prohibit but may regulate trade5. must be general and consistent with public policy6. must not be unreasonable

Barangay ordinance

- vested in the sangguniang barangay (smallest legislative body)- It may pass by majority vote of all its members.- subject to review by the sangguniang bayan or sangguniang panlungsod and within

30 days from submission. If it does not take action within said period, the ordinance will be presumed consistent with law or municipal or city ordinance and shall be deemed approved.

- If inconsistent with the law or city or municipal ordinance, it shall return the same to the sangguniang barangay for amendments, in which case the effectivity of ordinance is suspended.

Municipal ordinance

- lodge with sangguniang bayan

- Affirmative vote of a majority of the member present and voting, there being a quorum, shall be necessary for the passage of any ordinance.

- will be submitted to the municipal mayor, who within 10 days from receipt thereof, shall return it either with approval or veto. If he does not return it within said time, it shall be deemed approved. The sangguniang bayan may, by 2/3 vote of all member, override the vote of the mayor.

- submitted to the sanguniang panlalawigan for review and within 30 from recipt of the ordinace, invalidate it in whole or in part, and its action shall be final. If the sangguniang panlalawigan does not take action it shall be presumed consistent with the law and therefore valid.

City ordinance

- vested in the sangguniang panglungsod.- Affirmative vote of a majority of the member present and voting, there being a

quorum, shall be necessary for the passage of any ordinance.- will be submitted to the municipal mayor, who within 10 days from receipt thereof,

shall return it either with approval or veto. If he does not return it within said time, it shall be deemed approved. The sangguniang bayan may, by 2/3 vote of all member, override the vote of the mayor.

- submitted to the sangguniang panlalawigan for review which shall take action therein within 30 days, otherwise, it will be deemed valid.

Provincial ordinance

- vested in the sangguniang panlalawigan (legislative body of the province)- by vote of majority of the member present, there being a quorum, enact ordinances

affecting the province.- forwarded to the governor who within 15 days from receipt therof, shall return it with

his approval or veto. If he does not return it within the said time, it shall be deemed approved. The sangguniang panlalawigan may, by 2/3 vote of all member, repassed the vetoed ordinances.

Every statute is presumed valid.

To declare a law unconstitutional, the repugnancy of the law to the Constitution must be clear and unequivocal.

The final authority to declare a law unconstitutional is the Supreme Court.

Requisites for exercise of judicial power

1. the existence of an appropriate case2. an interest personal and substantial by the party raising the constitutional question3. the plea that the function be exercised at the earliest opportunity4. the necessity that the constitutional question be passed upon in order to decide the

case

The case in which the question of constitutionality od statute must be a bona fide case.

Legal standing or locus standi – a personal and substantial interest in the case such as the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged.

- needs to establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of government

- the injury is fairly traceable to the challenged action- the injury is likely to be redressed by a favorable action

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

Must raised it a the earliest opportunity. If the question is not raised in the pleadings, ordinarily it may not be raised at the trial, and if not raised in the trial, it will not be considered on appeal.

The question of validity may also be raised in criminal cases at any stage of the proceedings or on appeal, in civil cases where it appears clearly that a determination of the question is necessary to a decision.

The court will not pass upon the validity of a statute if it can decide the case on some other grounds; it will leave the constitutional question for reconsideration until an appropriate case arises in which the decision upon such question is unavoidable.

Legal standing

When suing as a citizen – the petitioner assailing the constitutionality of a statute must be direct and personal.

When suing as a taxpayer – allowed to sue where there is claim that public funds are illegally disbursed, or that public money is being deflected to any improper purpose, or that there is a wastage of public funds through the enforcement of an invalid or unconstitutional law.

As for legislator – he is allowed to sue to question the validity of any official action which he claims infringes his prerogatives as a legislator.

res judicata – has already been judicially decided.

political question – those questions which under the Constitution, are 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.

truly political question – thus beyond judicial review are not truly political questions – Courts can review questions

No clear standard

1. a textually demonstrable constitutional commitment of the issue to a coordinate political department

2. the lack of judicially discoverable and manageable standards for resolving it3. the impossibility of deciding without an initial policy determination of a kind clearly

for non judicial discretion.

Lis Mota – the cause of the suit or action. The commencement of the controversy and the beginning of the suit.

Courts will not touch the issue of the constitutionality unless it is truly unavoidable.

A statute may be declared unconstitutional

it is not within the legislative power to enact it creates or establishes methods or forms that infringe constitutional principles. its purpose or effect violates the Constitution or its basic principles

The court may strike down a law as Constitutional

when it allows something to be done which the fundamental law condemned or prohibits

when it attempts to validate a course of conduct the effect of which the Constitution specifically forbids.

because it is vague

Vauge statute – when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application.

Statutes is repugnant to the constitution

it violates due process for failure to accord the people fair notice of what conduct to avoid

it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the government muscle.

With respect to ordinances, the test of validity are:

1. it must not contravene the Constitution or any statute2. it must not be unfair or oppressive3. it must not be partial or discriminatory4. it must not prohibit but may regulate trade5. it must be general and consistent with public policy6. it must not be unreasonable

The general rule is that where a part of 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. (separability clause)

Exception is that when the parts of a statute are so mutually dependent and connected, the nullity of one part will vitiate the rest.

When laws take effect

“Laws shall take effect after 15 days following the completion of their publication in the Official Gazette ( or in a newspaper of general circulation), unless it is otherwise provided.”

2 types of rules and regulation

1. those purpose is to enforce or implement existing law pursuant to a valid delegation or to fill in the details of a statute

2. those which are merely interpreative in nature or merely internal in character not concerning the public. – not requires publication

1987 Administrative Code – rules and regulations must comply with the requirements of filing

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 effectively of this code which are not filed within 3 months from the date shall not thereafter be the basis of any sanction against any party or persons.The code also provides that “In addition to other rule making requirements provided by law not inconsistent with this book, each rule shall become effective 15 days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule.The agency shall take appropriate measures to make emergency rules known to persons who may be affected by then.

When local ordinances take effect

a. unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after 10 days from the date a copy thereof is poster (by the secretary to sanggunian) in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall. In at least 2 other conspicuous places in the local government unit concerned. Not later then 5 days after approval thereof.

b. The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where local legislative body concerned belongs. In the absence of newspaper of general circulation within the province, posting of such ordinance shall be made in all municipalities and cities of the province where the sanggunian of origin is situated.

c. In case of highly urbanized and independent component cities. in addition to being posted, be published once in a local newspaper of general circulation within the city

Highly urbanized city – a city with a minimum population of 200,000 as certified by the national census and statistics office and with the latest annual income of at least 50 M pesos based on the 1991 constant prices, as certified by the city treasurer.

“When the law speaks of year, months, days or nights. It shall be understood that the years are of 365 days each; months of 30 days, days of 24 hours, and night from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

In computing a period, the first day shall be excluded and the last day included.”

Week – a period of 7 consecutive days without regard to the day of the week from which it begins.

Year is to be considered to have 365 days even on leap years.

Where a statute requires the doing of an act within a specified no. of days from notice, it means ten calendar days and not 10 working days.

*In the computation of a perios wherethe last day falls on a Sunday or a holiday, the act can still be done the following day. This principle does not apply to the computation of the period of prescription of a crime.”

Construction – is 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.

Interpretation vs Construction

Interpretation – is the art of finding the true meaning and sense of any form of words

Construction – is the process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation.

Rules of statutory construction – are tools used to ascertain legislative intent.

It helps the courts resolve bad cases. Legislature sometimes adopts rules of statutory construction as part of the provision

of a statute. Have do binding effect on courts They may only be used to clarify, not to defeat, legislative intent.

Purpose or object of construction

To ascertain, and give effect to, the intent of the law. The object of all judicial interpretation of a statute is to determine legislative intent,

what intention is conveyed, either expressly or impliedly, by the language used, so far as it is necessary for ascertaining whether the particular case or state of facts presented to the court comes within it.

Legislative intent – is the vital part, the essence of the law. It is the law, and the key to, and the controlling factor in, its construction or interpretation.

Intent – is the spirit which gives life to legislative enactment.

Two conceptso That of purposeo That of meaning

Legislative purpose – is the reason why a particular statute was enacted by the legislature.

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

Legislative meaning – is what the law, by its language, means.

In construing a statute, it is not enough to ascertain the intention or meaning of the statute; it is also necessary to see whether the intention or meaning has been expressed in such a way as to give it legal effect and validity.

The legal act is made up of two elements – an internal and an external one; it originate in intention and is perfected by expression.

Where legislative intent is ascertained. – The primary source of legislative intent is the statute itself. It has to be extracted from the statute as a whole and not from an isolated part or particular provision thereof.

Power to construe

Construction is a judicial function – the duty and power to interpret or construe a statute or the Constitution belong to the judiciary.

It refrains from doing so where the case has become moot and academic and it will instead dismiss the case.

A case or question is moot and academic when its purpose has become stale or where no practical relief can be granted or which can have no practical effect.

Legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme Court, for the interpretation is a judicial function assigned to the latter by the fundamental law.

When judicial interpretation may be set aside.

By amending (or repealing a statute) the Constitution, the framers of the fundamental law may modify or even nullify a judicial interpretation of a particular provision thereof.

The rule that the Supreme Court has the final word in the interpretation or construction of a statute merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statute which has been the subject of construction.

A condition sine qua non, before the court may construe or interpret a statute, is that there be doubt or ambiguity in its language.

There is no ambiguity in the words of a statute, there is no room for construction.

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

A statute is ambiguous – if it is capable of being understood by reasonably well-informed persons in either two or more senses.

Court may not construe a statute that is clear and free from doubt.

The first and fundamental duty of the court is to apply the law.

Verba legis or plain meaning rule – where the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation. (index animi sermo est)

Rulings of Supreme Court part of legal system. Art 8 of the Civil code. Stare decisis et non quieta novere

The ruling of the Supreme Court are laws in their own right because they interpret what the law says or mean.

Judicial rulings have no retroactive effect. It will impair vested rights. Only Supreme Court en banc can modify or abandon principle of law, not any

division of the court. Court may issue guidelines in construing a statute – Supreme Court has the

duty to formulate guiding and controlling constitutional principles, precepts, doctrines, or rules.

Limitations on power to construe

Courts may not enlarge nor restrict statuteso Courts should not construe statutes which are perfectly vague

2 leading star on judicial construction Good faith Common sense

Courts not to be influenced by question of wisdomo Courts do not pass upon question of wisdom, justice, or expediency of

legislation, for it is not within their province to supervise legislation and keep it within the bounds

Aids to construction

Generally

When the meaning of a statute is ambiguous the court is warranted in availing itself of all illegitimate aids to construction in order that it can ascertain the true intent of the statute

Aids to construction areo Instrinsic aids – those found in the printed page of the statute itself

o Extrinsic aids – those extraneous facts and circumstances outside the printed page

Titleo Indicate the legislative intent to extend or restrict the scope of lawo Serves as a guide to ascertaining legislative intento “every bill shall embrace only one subject who shall be expressed in the title

thereof” Preamble

o A part of statute written immediately after its title, which states the purpose, reason for the enactment of the law

o May restrict broad scope of lawo May express the legislative intent to make the law apply retroactively

Context of whole texto Statute itself taken as a whole and in relation to one another considering the whole

context of the statute and not from an isolated part of the provisiono Must be expounded by reference to each other

Punctuation markso Semi colon – indicate separation in the relation of the thoughto Comma and semi colon – used to divide sentences

Capitalization Headnotes, headings or epigraph

o Convenient index to the contents of its provisions

Lingual texto Statute is promulgated in English and Spanish, English shall govern but in case

of ambiguity, Spanish may be consulted to explain English texto Statute is officially promulgated in Spanish, English, Filipino

Intent or spirit of lawo It is the law itself

o Controlling factor, leading star and guiding light in the application and interpretation of a statute

o Courts cannot assume an intent Policy of law

o One way to accomplish this mandate is to give a statute of doubtful meaning, a construction that will promote public policy

Purpose of law or mischief to be suppressedo Factors

Purpose or object of the law Mischief to be removed Causes which induced the enactment of the law

o Court cannot assume purpose Dictionary

o Court may adopt an ordinary meaning of the word – not intended a technical or special legal meaning

Consequences of various constructiono A construction of statute should be rejected that will cause

Injustice and hardship Result in absurdity Defeat legislative intent or spirit Preclude accomplishment of legislative purpose or object Render certain words or phrases a surplusage Nullify the statute or make any of its provisions nugatory

Presumptiono Based on

Logic Experience Common sense

o Doubts will be resolved in accord with Constitutionality of a statute Completeness Prospective operation Right and justice Effective, sensible, beneficial and reasonable operation as a whole Against inconsistency and implied repeal

Unnecessary changes in law Impossibility Absurdity Injustice and hardship Inconvenience Ineffectiveness

Legislative historyo History of a statute refers to all its antecedents from its inception until its

enactment into lawo Includes

President’s message Contains proposed legal measures

Indicates his thinking on the proposed legislation Explanatory note

Short exposition of explanation accompanying a proposed legislation by its author or proponent

Committee report Commissions are usually formed to compile and collate all

laws on a particular subject and to prepare the draft of the proposed law

Public hearings Sponsorship speech Debates and deliberations Amendments and changes in phraseology

Courts should construe the statute as to reflect such change in meaning

Statute is based from a revision, prior statute, and latter’s practical application and judicial construction

Various amendments By deletion – indicates that the legislature intended to

change the meaning of the statute Contemporary events

Adopted statute o should be construed in accordance with the construction given it in the country

of origin is not without limitations Principles of common law

o Applicable to local conditions and is not in conflict with existing law Conditions at the time of enactment

o Consider physical condition of the country and the circumstances History of times

o Examining the state of things existing when the statute was enacted

Contemporary Construction

Are construction placed upon statutes at the time of, or after their enactment by the executive, legislative or judicial authorities, as well as by those who involve in the process of legislation are knowledgeable of the intent and purpose of the law

Executive construction – is the construction placed upon a statute by an executive or administrative officero 3 types of interpretation

Construction by an executive or administrative officer directly called to implement the law

Construction by the secretary of justice in his capacity as the chief legal adviser of the government

Handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi judicial power

Weight accorded to contemporaneous constructiono Uniform construction placed upon it by the executive or administrative officer

charged with its enforcement will be adopted Weight accorded to usage and practice

o Usage has been acquiesced in y all the parties concerned and has extended over a long period of time

o Optimus interpres rerum usus – the best interpretation of the law is usage Reason why contemporaneous construction is given much weight

o It comes from the particular branch of government called upon to implement the law thus construed

o Are presumed to have familiarize themselves with all the consideration pertinent to the meaning and purpose of the law, and to have formed an independent, conscientious and competent expert opinion thereon

When contemporaneous construction is disregardedo When there is no ambiguityo If it is clearly erroneous, the same must be declared null and void

Erroneous contemporaneous construction foes not preclude correction nor create right

Legislative interpretationo Legislature cannot limit or restrict the power granted to the courts by the

constitution Legislative approval

o Legislative is presumed to have full knowledge of a contemporaneous or practical construction of a statute by an administrative or executive officer charged with its enforcement

o Legislative may approve or ratify such contemporaneous construction Re enactment

o Common act of approvalo Indication of the adoption by the legislature of the prior construction

Stare decisiso Doctrine that requires the judge to abide the prior decision on the same

issues – XXX facts are dissimilar XXX if there is conflict with the lawo It must be direct ruling not obiter dictum – opinion expressed by a court upon

some question of law which is not necessary to the decision of the case before it

Verbal egis

Literal meaning or plain meaning rule

If the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation

Index animi sermo – speech is the index of intention Verba legis non recededum – from words of a statute there should be no departure

Dura lex sed lex

The law may be harsh but it is the law Absoluta sentential expositore non indigent – when the language of the law is clear,

it is not susceptible of interpretation Hoc quidem perquam durum est, sed ital ex scripta est – it is exceedingly hard but

so the law is written If there is a need to change the law, amend or repeal, remedy may be done through

legislative process, not by judicial decree Aequitas nunquam contravenit legis – equity never acts in contravention of the law

Departure from literal interpretation

Statute must be capable of interpretation, otherwise inoperative What is within the spirit is within the law

o Spirit or intention of a statute prevails over the lettero Don’t literally construe the law if it will render it meaningless, lead to

ambiguity, injustice or contradictiono Ratio legis – interpretation according to the spirit or reason of the law

Literal import must yield to intento Verba intentioni, non e contra, debent inservire – words ought to be

more subservient to the intent and not the intent to the wordso Guide in ascertaining intent

Conscience Equity

Construction to accomplish purposeo As between 2 statutory interpretations, that which is better serves the

purpose of the law should prevail

When the reason of the law ceases, the law itself ceaseso Cessante ratione legis, cessat et ipsa lexo Ratio legis est anima – reason of the law is its soul

Correcting clerical erroro Only those are clearly clerical errors or obvious mistakes, omission and

misprints – invade the domain of the legislature

Construction to avoid absurdity Construction to avoid injustice

o Ea est accipienda interpretation quae vitio caret – that interpretation is to be adopted which is free from evil or injustice

o Art 10 of the civil code Construction to avoid danger to public interest

Surplusage and superfuilty is disregardedo Where a word, phrase or clause is devoid of meaning in relation to the

context or intent of the statute, or where it suggest a meaning that nullifies the statute or render it without sense, the words, phrase or clause may be rejected as surplusage and entirely ignored

o Surplasagium non noceat - surplusage does not vitiate a statuteo Utile per inutile non vitiatur – not the useful vitiated by the non useful

Redundant words may be rejected Obscure or missing word or false description may not preclude construction

o Falsa demonstration non necet, cum de corpora constat - false description does not preclude construction nor vitiate the meaning of the statute which is otherwise clear

Exception from rigid application of lawo Ibi quid generaliter conceditur – every rule is not without an exceptiono Inest haec exception, si non aliquid sit contras jus basque – where

anything is granted generally, this exception is implied Law does not require the impossible

o Nemo tenetur ad impossible – the law oblidges no one to perform an impossibility

o Impossibilium nulla obligation est – no obligation to do an impossible thing

Number and gender or wordso Words in plural, include the singular, and vice versao The masculine, but not feminine, includes all genders

Implications

Doctrine of necessary implicationo What is implied in a statute is as much a part thereof as that which Is

expressedo Exnecessitate legis – from the necessity of the lawo In eo quod plus sit, simper inest et minus – greater includes the lesser

Remedy impliead from a righto Ubi jus, ibi remedium – where there is a right, there is a remedy for

violation thereof Grant of jurisdiction

o Conferred only by the constitution or by statuteo Cannot be conferred by the rules of courto Cannot be implied from the language of a statute, in the absence of clear

legislative intent to that effect What may be implied from grant of jurisdiction – it can grant reliefs incidental

thereto Grant of power includes incidental power Grant of power excludes greater power What is implied should not be against the law Authority to charge against public funds may not be implied Illegality of act implied from prohibition

o In pari delicto potior est condition defendentis – where a statute prohibits the doing of an act, the acts done in violation thereof is by implication null and void

Pari delicto doctrine will not apply – violate fundamental policy or public interest

o Ex dolo malo non oritur action – no man can be allowed to found claim upon his own wrongdoing or inequity

o Nullus coomodum capere potest de injuria sua propria – no man should be allowed to take advantage of his own wrong

What cannot be done directly cannot be done indirectlyo Quando aliquid prohibetur ex directo, prohibetur et per obliquum

There should be no penalty from compliance with law

Interpretation of words and phrases

Generally a word or phrase used in a statute may have an o ordinary,

in the absence of legislative intent, words and phrases should be given their plain, ordinary, and common usage meaning

o generic, generalia verba sunt generaliter intelligenda – what is generally

spoken shall be generally understood; general words shall be understood in general sense

generale dictum generaliter est interpretandum – a general statement is understood in a general sense

general must prevail over restricted if the legislature intended to limit the meaning of the word,

it would have been easy for it to have done soo restricted, o technical, legal,

used by legislatureo commercial or trading meaning

words or phrase should be given such trade or commercial meaning as has been generally understood among merchants

tariff laws, laws of commerce, laws for the government of the importer

Statutory definition – legislative definition controls the meaning of statutory word, irrespective of any other meaning word have in ordinary usual sense

o It does not apply when Application creates incongruities Destroy its major purpose Becomes illogical as result of change in its factual basis

How identical terms in the statue construedo Word or phrase repeatedly used in as statute will bear the same meaning

throughout the statute Meaning of word qualified by purpose of statute Word or phrase construed in relation to the other provision

o Word, phrase, provision, should not be construed in isolation but must be interpreted in relation to other provision of the law

Meaning of term dictated by contexto Verba accipienda sunt secundum materiam – a word is to be understood in the

context in which it is used Where the law does not distinguish, courts should not distinguished

o Ubi lex distinguit, nec nos distinguere debemus Disjunctive and conjuctive words

o OR – a disjunctive word signifying disassociation and independence of one thing from each other

o AND – a conjunction used to denote joinder or uniono AND/OR – means that effect should be give to both conjunctive and disjunctive

term

Associated words

Noscitur a sociiso Where a particular word or phrase is ambiguous in itself pr equally susceptible of

various meanings, its correct construction may be made clear and specific by considering the company of words in which It is found or with which it is associated

Ejusdem generiso Where a general word or phrase follows an enumeration of particular and specific

words of the same class or where the latter follow the former, the general word or phrase is to be construed to include or to be restricted to, persons, things or cases as those specifically mentioned

o Requisites Statute contains an enumeration of particular and specific words, followed by

general word or phrase Particular and specific words constitute a class or are the same kind Enumeration of the particular and specific words is not exhaustive or is not merely

by examples There is no indication of legislative intent to give the general words or phrases a

broader meaning Expression unius east exclusion alterius

o The express mention of one person, things or consequence implies the exclusion of all others – opposite of doctrine of necessary implication

o Rule may be expressed Expressum facit cessare tacitum – what is expressed puts an end to that which

is implied, where a statute by its terms, is expressly limited to certain matters, it may not by interpretation or construction be exnteded to other matters

Exception firmat regulam in casibus non exceptis – a thing not being excepted must be regarded as coming within the purview of the general rule

Negative-opposite doctrineo Argumentum a contrario – what is expressed puts an end to what is implied

Doctrine of casus omissuso A person, object or things omitted from an enumeration must be held to have been

omitted intentionally Doctrine of last antecedent

o Qualifying words restricts or modify only the words or phrases to which they are immediately associated not those which are distantly or remotely located

o Ad proximum antecedens fiat relation nisi empediatur sentencia – relative words refer to the nearest antecedents, unless the context otherwise requires

Reddendo singular singuiliso Referring each phrase or expression to its appropriate object

Proviso

To limit the application of the enacting clause, section, or provision of a statute, or except something, or to qualify or restrain its generality, or exclude some possible found of misinterpretation of it

Saving clause

Used to save something from effect of repeal of statute

Statute Construed as whole and in relation to other statutes

Statute construed as whole

generally o statute is passed as a whole and not in parts or sections and is animated by one

general purpose and intent.o each part or section should be construed in connection with every other part and

section as to produce a harmonious whole. to grasp the true meaning.

Intent ascertained from statute as wholeo the intent or meaning of a statute should be ascertained from the statute taken as

whole and not from an isolated part or provision thereof might easily convey a meaning quite different from the one actually intended

o Optima statuti interpretatrix est ipsum statutum – the best interpreter of a statute is the statute itself

purpose or context as controlling guideo statutes must receive a reasonable construction, reference being had to their

controlling purposeo neither grammatical construction nor the letter of the statute nor its rhetorical

framework should be permitted to defeat its clear and definite purpose to be gathered from the whole act.

Giving effect to statute as a wholeo implies that one part is as important as the othero every part of a statute should be given effect because a statute is enacted as an

integrated measure and not as a hodgepodge of conflicting provisions.o how courts should construe a statute

Interpret the thought conveyed by the statute as whole Construe constituent parts together Ascertain legislative intent form whole part Consider each and every provision in light of the general purpose Make every part effective, harmonious and sensible

o Ut res magis valeat quam pereat – construction is to be sought which gives effect to the whole of the statute

Apparently conflicting provisions reconciledo apparently conflicting provisions should endeavor to reconcile them instead of

declaring outright the invalidity of one against the other. because they are equally the handiwork of the same legislature

Special and general provision in same statuteo where there is a particular or special provision and a general provision in the same

statute and the latter (general) in its most comprehensive sense would overrule the former, the particular or special provision must be operative and the general provision must be taken to affect only the other parts of the statute to which it may properly apply.

o particular or special is construed as an exception to the general provision all provision are given effect

Construction as not to render provision nugatory

o a provision of a statute should be construed as not to nullify or render nugatory another provision of the same statute

o interpretation fienda est ut res magis valeat quam pereat – a law should be interpreted with a view to upholding rather than destroying it do not construe a statute wherein one portion will destroy the other avoid a construction which will render to provision inoperative

Reason for the ruleo all laws are presumed to be consistent with each other.

Qualification of ruleo where absolute harmony between parts of a statute is demonstrably not possible,

the court must reject that one which is least in accord with the general plan of the whole statute

o If there be no such ground for choice between inharmonious provisions or sections, the latter provision or section, being the last expression of the legislative will vacate the former to the extent of the repugnancy last in order of position is frequently held to prevail, unless it clearly appears

that the intent is otherwise Construction as to give life to law

o laws must receive sensible interpretation to promote the ends for which they are enacted

Construction to avoid surplusageo construe a statute to make no part or provision thereof as surplusageo each and every part should be given effecto all efforts should be exerted to give some meaning to every word or phrase used in

a statuteo legislature is supposed not to insert a provision which is unnecessary and a

surplusage Statute and its amendments construed together

o changes made by the legislature in the form of amendments to a statute should be given effect, together with the other parts of the amend act.

Statute construed in relation to Constitution and other statutes

Statute construed in harmony with the Constitutiono Constitution is the fundamental law to which all laws are subserviento a statute should not be interpreted independently of the Constitutiono the statute should be construed in harmony with and not in violation of, the

fundamental lawo where a statute is reasonably susceptible of two constructions, one constitutional

and the other unconstitutional, that construction in favor of its constitutionality shall be adopted

o court cannot , in order to bring a statute within the fundamental law, amend it by construction.

Statutes in pari materiao statutes are in pari materia when

they relate to the same person or thing have the same purpose or object cover the same specific or particular subject matter

o later statutes may specifically refer to the prior statutes if there is no reference to prior laws – does not mean that the two laws are not

in pari materia. It is sufficient that the two or more statutes relate to the same specific subject matter

o statutes are not considered in pari materia if there refer to different specific matters, although they both fall under the

same broad subject How statutes in pari materia construed

o interpotare et concordare leges legibus est optimus interpotandi modus – every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence best method of interpretation is that which makes laws consistent with other

lawso should be construed together to attain the purpose of an express national policyo where two or more statutes on the same subject were enacted at different times and

under dissimilar circumstances or conditions, their interpretation should be in accordance with the circumstances or conditions peculiar to each, in order that the statutes may be harmonized or better understood. distingue tempora et concordabis jura – distinguish times and you will

harmonize laws. Reason why laws on same subject are reconciled

o legislature is presumed to have been aware of, and have taken into account, prior laws on the subject of legislation

o enactments of the same legislature on the same subject are supposed to form part of one uniform system

o whenever the legislature enacts a new law, it is deemed to have enacted the new provision in accordance with the legislative policy embodied in those prior statutes and, unless there is an express repeal of the old laws, they should be construed together.

Where harmonization is impossibleo if two or more laws on the same subject cannot possibly be reconciled or

harmonized, one has to give way in favor of the other.o there cannot be two conflicting laws on the same subject.

General and special statuteso general statute – is a statute which applies to all of the people of the state or to all

of a particular class of persons in the state with equal force.o special statute – one which relates to particular persons or things of a class, or to a

particular portion or section of the state onlyo the circumstance that the special law is passed before or after the general act does

not change the principle where the special law is later, it will be regarded as an exception to, or a

qualification of, the prior general act where the general act is later, the special statute will be construed as

remaining an exception to its terms, unless repealed expressly or by necessary implication

Reason for the ruleo special law is considered an exception to the general law

Qualification of the ruleo the rule is not absolute; exception (general law prevails over a special law on the

subject) where the legislature clearly intended the later general enactment to cover the

whole subject and to repeal all prior laws inconsistent therewith where the special law merely establishes a general rule while the general law

creates a specific and special rule Reference statutes

o is a statute which refers to other statutes and makes them applicable to the subject of legislation

o used to avoid encumbering the statute books of unnecessary repetition Supplemental statutes

o is one intended to supply deficiencies in an existing statute and to add, to complete, or extend the statute without changing or modifying its original text

Reenacted statuteso a statue which reenacts a previous statute or the provisions o is one which the provisions of an earlier statute are reproduced in the same or

substantially the same words Adoption of contemporaneous construction

o in construing the reenacted statute, the court should take into account such prior contemporaneous construction and give due weight and respect to it

Qualification of the ruleo rule that is aforementioned is applicable only when the statute is capable of the

construction given to it and when that construction has become a settled rule of conduct

Adopted statuteso is a statute patterned after, or copied from a statute of a foreign countryo court should take inconsideration how the courts of other country construe the law

and its practices

Strict or Liberal Construction

In General

Generallyo Whether a statute is to be given a strict or liberal construction will depend upon:

the nature of the statute the purpose to be subserved the mischief to be remedied what will best accomplished the end desired and effectuate legislative intent

Strict construction, generallyo construction according to the letter of a statute, which recognizes nothing that is not

expressed, takes the language used in its exact meaning, and admits no equitable consideration

o does not mean giving a statute its narrowest meaning of which is susceptible nor restrict the words as not to have their full meaning

o it simply means the scope of a statute shall not be extended or enlarged by implication, intendment, or equitable consideration beyond the literal meaning of its terms

o is the antithesis of liberal construction Liberal construction, defined

o construction which expands the meaning of a statute to meet cases which are clearly within the spirit or reason therof or within the evil which the statute was designed to remedy, or which gives a statute its generally accepted meaning to the end that the most comprehensive application thereof may be accorded, without being inconsistent with its language or doing violence to any of its terms

o does not mean enlargement of a provision which is clear, unambiguous and free from doubt - not subject to construction

o means that the words should received a fair and reasonable interpretation, so as to attain the intent, spirit and purpose of the law

Liberal construction applied, generallyo where the statute is ambiguous and capable of more than one construction, the

literal meaning of the words used may be rejected if the result of adopting said meaning would be to defeat the purpose of the law

Liberal construction Judicial interpretationEquitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry out its intent, or promote justice

Legitimate exercise of judicial power

Act of the court in engrafting upon a law something which it believes ought to have been embraced therein

Forbidden by the tripartite division of powers among the 3 departments of government, the executive, the legislative, and the judicial

o a statute may not be liberally construed to read into it something which its clear and plain language rejects liberal construction cannot prevail against the categorical provision of the law

Construction to promote social justiceo Social justice must be taken into account in the interpretation and application of lawso Social justice is addressed not only to the legislature but also the two other

branches of the governmento It was meant to be a vital, articulate, compelling principle of public policyo it should be observed in the interpretation not only of future legislations, but also of

all laws already existing on November, 15 1935.o it was intended to change the spirit of our laws, present and future.o All the laws which on the great history event when the Commonwealth of the

Philippines was born, were susceptible of 2 interpretations. Construction taking into consideration general welfare or growth of civilization

o some authorities advocate a construction which seeks an expansive application of statutes to attain the general welfare salus populi est suprema lex – the voice of the people is the supreme law statuta pro public commodo late interpretantur – statutes enacted for the

public good are to be construed liberallyo statute in general has two, articulate organs for law making purpose:

legislature – makes new law tribunal – attests and confirms old law

o statutes must be interpreted in the light of the growth of civilization and varying conditions The interpretation that “If the man is too long for the bed, his head should be

chopped off rather than enlarge the old bed or purchase a new one” should NOT be given to statutes

Statutes Strictly Construed

Penal statutes, generallyo is an act of the legislature that prohibits certain acts and establishes penalties for its

violationso It defines crime, treats of their nature and provide for their punishmento The test employed if the statute is penal

whether a penalty is imposed for the punishment of a wrong to the public or for redress of an injury to an individual

Penal statutes strictly construedo Penal laws are strictly construed against the State and liberally in favor of the

accused.o penal statutes cannot be enlarged or extended by intendment, implication, or any

equitable considerationo where there is a reasonable doubt, it must be resolved in favor of the person

accused of violating the statute no person should be brought within the terms of a statute who is not clearly

within them, nor should any act be pronounced criminal which is not clearly made so by the statute.

o they are not to be construed so strictly as to nullify or destroy the obvious purpose of the legislature

Reason why penal statutes are strictly construedo the law is tender in favor of the rights of an individualo the object is to establish a certain rule of conformity to which mankind would be

safe, and the discretion of the court limitedo the purpose is not to enable a guilty person to escape punishment through a

technicality but to provide a precise definition of forbidden acts Acts mala in se and mala prohibita

o to constitute a crime, evil intent must combine with an acto Actus non facit reum nisi mens sit rea – the act itself does not make a man guilty

unless his intention were soo Actus me invito factus non est meus actus – an act done by me against my will

is not my act

Mala in se Mala prohibitaCriminal intent is required The only inquiry is has the law been

violatedo Such as words as “voluntarily”, “knowingly”, or “willfully” impart criminal intent as a

prerequisite Application of rule Limitation of rule

o A strict construction should not be permitted to defeat the intent, policy, and purpose of the statute

o Where a penal statute is capable of two interpretations, one which will operate to exempt an accused from liability for violation thereof and another which will give effect to the manifest intent of the statute and promote its object, the latter interpretation should be adopted

o It only applies where the law is ambiguous and there is doubt as to its meaning

Statutes in derogation of rightso rights are not absolute, and the state, in the exercise of its police power, may enact

legislations curtailing or restricting their enjoyment.o statutes are in derogation of common or general rights are generally construed and

rigidly confined to cases clearly confined to cases clearly within their scope and purpose.

o Where 2 reasonable possible constructions, one which would diminish or restrict fundamental right of the people and the other of which would not do so, the latter construction must be adopted so as to allow full enjoyment of such fundamental right.

Statutes authoring expropriationso statutes expropriating or authorizing the expropriation of property are strictly

construed against the authority and liberally in favor of property owners Statutes granting privileges

o statutes granting advantages to private persons or entities have in many instances created special privileges or monopolies for the grantees and have thus been viewed with suspicion and strictly construed.

o Privilegia recipient largam interpretationem voluntati consonamn concedentis – privileges are to be interpreted in accordance with the will of him who grants them

o He who fails to strictly comply with the will of the grantor loses such privilegeso dura lex sed lex may properly be applied

Legislative grant to local government unitso legislative grants in favor of local government units are grants of a public nature,

and hence should be strictly construed against the granteeo reason: such a grant a gratuitous donation of public money or property which results

in an unfair advantage to the grantee and for that reason, the grant should be narrowly restricted in favor of the public

Statutory grounds for removal of officialso statutes relating to suspension or removal of public officials are strictly construedo reason: the remedy of removal is a drastic one and penal in nature. Injustice and

harm to the public interest would likely emerge should such laws be not strictly interpreted against the power of suspension or removal

Naturalization lawso naturalization are strictly construed against an applicant for citizenship and rigidly

followed and enforcedo reason: the right of an alien to become a citizen by naturalization is a statutory

rather than a natural one, and it does not become vested until he files a petition and establishes by competent and satisfactory evidence that he has all the qualifications and none of the disqualifications specified by law

Statutes imposing taxes and customs dutieso tax statutes must be construed strictly against the government and liberally in favor

of the taxpayero power to tax involves the power to destroyo a tax cannot be imposed without clear and express words for that purpose

o tax or customs may not be extended by implication beyond clear import of their language, nor their operation enlarged so as to embraced matters not specifically provided

o reason: taxation is a destructive power which interferes with the personal and property rights of the people and takes from them a portion of their property for the support of the government

Statutes granting tax exemptionso laws granting tax exemptions are thus construed strictissimi juris against the

taxpayer and liberally in favor of the taxing authorityo burden of proof – on the taxpayer claiming to be exemptedo basis – to minimize the different treatment and foster impartiality, fairness, and

equality of treatment among taxpayerso not favored in law nor are they presumedo tax exemption cannot be created by mere implication, but must be clearly provided

by law. In case of doubt, non exemption is favored Qualification of rule

o does not apply in the case of tax exemptions in favor of the government itself or its agencies

Statutes concerning the sovereigno restrictive statutes which impose burdens on the public treasury or which diminish

rights and interests are strictly construed Statutes authorizing suits against the government

o the state may not be sued without its consento statutes whereby the state gives its consent to be sued is strictly construedo nullum tempus occurit regi – there can be no legal right as against the authority

that makes the law on which the right depends Statutes prescribing formalities of will

o statutes prescribing the formalities to be observed in the execution of wills are strictly construed

o a will must be executed in accordance with the statutory requirements, otherwise it is entirely void

Exceptions and provisoso exceptions should be strictly but reasonably construedo the rule on execution pending appeal must be strictly construed being an exception

to the general rule should be interpreted only so far as the language fairly warrants, and all doubts

should be resolved in favor of the general provision rather than the exceptionso a statute which allows exceptions to the requirement of warrant of arrest or search

warrant must be strictly construed cannot be construed liberally to extend arrests or seizures without warrant

beyond the cases specifically provided or allowed by law would infringe upon personal liberty and set back a basic right

o a preference is an exception to the general rule and it is what its name implies one person is given a superior right or claim over the other

law as to preference should be strictly construedo A proviso should be interpreted consistently with the legislative intent.

proviso should be strictly construed

reason: the legislative purpose set forth in the general enactment expresses the legislative policy and only those expressly exempted by the proviso should be freed from the operation of the statute

Statutes liberally construed

General social legislationo Statutes which have been enacted to implement the social justice and protection-to-

labor provisions of the Constitution are known as general welfare legislations are construed liberally

o general welfare legislations which are construed liberally include labor laws tenancy laws land reform laws social security laws

General welfare clauseo the general welfare clause on the power of local government has two branches

1st branch – attaches itself to the main trunk of municipal authority and relates to such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred upon local legislative bodies by law

2nd branch – it authorizes such ordinances as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the local government unit and the inhabitants thereof, and for the protection of property therein

o the general welfare clause should be construed liberally in favor of the local government units to give more power to local government in promoting the economic condition,

social welfare, and material progress of the people in the community Grant of power to local government

o old rule: municipal corporations, being mere creatures of law, have only such powers as are expressly granted to them and those which are necessarily implied or incidental to the exercise thereof

o new rule: RA 2264 “Local Autonomy Act” Sec 12 – “implied power of a province, a city, or a municipality shall be liberally

construed in its favor. Any fair and reasonable doubt as to the existence of the power should be interpreted in favor of the local government and it shall be presumed to exist”

Statutes granting taxing powero before the 1973 Constitution took effect on January 17, 1973, the rule is that a local

government unit, unlike the sovereign state, is clothed with no inherent power of taxation

o the taxing power when granted is to be construed strictissimi juris

o basis: local governments, unlike the sovereign state, are allocated with no inherent power to tax

o the taxing power of local government must be strictly construed against the national government and liberally in favor of the local government units

Statutes prescribing prescriptive period to collect taxeso beneficial for both

government – tax officers are oblige to act promptly in the making of the assessments

taxpayer – would have a feeling of security against unscrupulous tax agents who will always find an excuse to inspect the books of taxpayers to take advantage of every opportunity to molest peaceful, law-abiding citizens

o the laws on prescription being a remedial measure should be interpreted liberally in a way conducive to bringing about the beneficial purpose of affording protection to the taxpayers

Statutes imposing penalties for nonpayment of taxo statutes imposing penalties for nonpayment of taxes within the required period are

liberally construed in favor of the government and strictly observed and interpreted against the taxpayer

o to hasten tax payments or to punish evasions or neglect of duty in respect thereto Election laws

o election laws should be reasonably and liberally construed o purpose: to effectuate and safeguard the will of the electorate in the choice of their

representativeso 3 parts

provisions for the conduct of elections which election officials are required to follow

provision which candidates for office are required to perform procedural rules which are designed to ascertain, in case of dispute, the actual

winner in the elections Amnesty proclamations

o amnesty proclamations should be liberally construed o purpose: to encourage the return to the fold of the law of those who have veered

from the lawo in case of doubt as to whether certain persons come within the amnesty

proclamation, the doubt should be resolved in their favor and against the stateo amnesty and pardon are synonymous

grant of pardon should be construed liberally in favor of those pardoned and strictly against the state

Statutes prescribing prescriptions of crimeso statutes of limitations are liberally construed in favor of the accusedo Art. 91 of the revised penal Code should be construed in favor to the accused since

the prescriptive period of the crime shall have to be reckoned with earlier Adoption statutes

o adoption statutes are construed liberally in favor of the child to be adopted Veteran and pension laws

o veteran and pension laws are enacted to compensate a class of men who suffered in the service for the hardships they endured and the dangers they encountered in the line of duty

o a statute creating pension or establishing retirement plan should be liberally construed

Rules of Courto the rules of Court, being procedural, are to be construed liberallyo purpose: the proper and just determination of a litigationo literal stricture of the rules have been relaxed in favor of liberal construction

where a rigid application will result in manifest failure or miscarriage of justice where the interest of substantial justice will be served where the resolution of the emotion is addressed solely to the sound and

judicious discretion of the court where the injustice to the adverse party is not commensurate with the degree

of his thoughtlessness in not complying with the prescribed procedure

Other statuteso curative statutes are enacted to cure defects in a prior law or to validate legal

proceedings which would otherwise be void for want of conformity with certain legal requirements – retroactive

o redemption laws, being remedial in nature, are to be construed liberally purpose: to enable the debtor to have his property applied to pay as many

debtor’s liabilities as possibleo statutes providing exemptions from execution are interpreted liberally in order to

give effect to their beneficent and humane purposeo laws on attachment are also liberally construed in order to promote their objects

and assist the parties in obtaining speedy justiceo warehouse receipts laws are given liberal construction in favor of bona fide

holders of such receiptso probation law may be liberally construed

purpose: to give first-hand offenders a second chance to maintain his place in society through the process of reformation

o statute granting powers to any agency created by the Constitution should be liberally construed

Mandatory and directory Statutes

In general

Generally o Statutes may be classified either as mandatory or directoryo the classification is important is important in resolving the question of what effect

should be given to the mandate of a statute Mandatory and directory statutes, generally

o mandatory statute – is a statute which commands either positively that something be done, or performed in a particular way, or negatively that something be not done, leaving the person concerned no choice on the matter except to obey

o directory statute – is a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained

When statute is mandatory or directoryo no universal rule nor an absolute test for determining whether a statutory direction is

to be considered mandatory or directoryo when a particular provision of a statute relates to some immaterial matter, as to

which compliance with the statute is a matter of convenience rather than substance, or where the directions of a statute are given merely with a view to the proper, orderly and prompt conduct of business, it is generally regarded as directory, unless followed by words of absolute prohibition; and a statute is regarded as directory where no substantial rights depend on it, no injury can result from ignoring it, and the purpose of the legislature can be accomplished in a manner other than that prescribed, with substantially the same result

o a provision relating to the essence of the things to be done, that is, to matters of substance, is mandatory, and when a fair interpretation of a statute, which directs acts or proceedings to be done in a certain way, shows that the legislature intended a compliance with such provision to be essential to the validity of the act or proceeding, or when some antecedent and prerequisite conditions must exist prior to the exercise of the power, or must be performed before certain other powers can be exercised, the statute must be regarded as mandatory

Test to determine nature of statuteo whether a statutory requirement is mandatory or directory depends on its effect

if no substantial rights depend on it and no injury can result from ignoring it; and the purpose of the legislature can be accomplished in a manner other than that prescribed and substantially the same result obtained, then the statute will generally be regarded as directory

statutory requirements intended for the protection of the citizens and by a disregard of which their rights are injuriously affected are regarded as mandatory

o A statute will not be construed as mandatory if it will cause hardship or injustice on the part of the public who is not at fault and if it will lead to absurd, impossible or mischievous consequences

Language usedo Statutes using words of command such as “shall”, “must”, “ought”, or “should”, or

prohibition, such as “cannot”, “shall not”, or “ought not” are generally regarded as mandatory

o statutes using permissive words, such as “may” are generally directory Use of “shall” or “must”

o “shall” in a statute implies that the statute is mandatoryo “shall” is a word of command, and one which has or which must be given a

compulsory meaning, and it is generally imperative or mandatory Use of “may”

o “may” is an auxiliary verb showing opportunity or possibilityo “may be” implies the possible existence of somethingo “may” in a statute denotes that it is directory in nature

When “shall” is construed as “may” and vice versao “may” should be read as “shall”

where such construction is necessary to give effect to the apparent intention of the legislature

where a statute provides for the doing of some act which is required by justice or public duty

where it vests a public body or officer with power and authority to take such action which concerns the public interest or rights of individuals

o “shall” should be read as “may” when so required by the context or by the intention of the legislature when no public benefit or private requires it be given an imperative meaning

Use of negative, prohibitory or exclusive termso a negative statute is mandatoryo a negative statute is one expressed in negative words or in the form of an

affirmative proposition qualified by the word “only” (exclusionary negation)o A statute or provision which contains words of positive prohibition, such as “shall

not”, “cannot” or “ought not”, or which is couched in negative terms importing that the act shall not be done otherwise than designated is mandatory

Mandatory Statutes

Statutes conferring powero statutes which confer upon a public body or officer power to perform acts which

concern the public interests or rights of individuals, are generally regarded as mandatory although the language used is permissive only since the statutes are construed as imposing rather than conferring privileges

Statutes granting benefitso Statutes which require certain steps to be taken or certain conditions to be met

before persons concerned can avail of the benefits conferred by law are considered mandatory

o vigilantibus et non dormientibus jura subveniunt – laws aid the vigilant, not those who slumber on their rights

o Potior est in tempore, potior est in jure – he who is first in time is preferred in right

Statutes prescribing jurisdictional requirementso statutory requirements by which courts or tribunals acquire jurisdiction to hear and

decide particular actions must be strictly complied with before the courts or tribunals can have authority to proceed

o statutes prescribing the various steps and methods to be taken for acquisition of jurisdiction by the courts or tribunals over certain matters are considered mandatory

Statutes prescribing time to take action or to appealo statutes or rules prescribing the time for litigants to take certain actions or to appeal

from an adverse decision is generally mandatory Statute prescribing procedural requirements

o In statutes relating to procedure, every act which is jurisdictional, or of the essence of the proceedings, or is prescribed for the protection or benefit of the party affected is mandatory

Election laws on conduct of electiono the provisions of election laws governing the conduct of elections and prescribing

the steps election officials are required to do in connection therewith are mandatory before the elections; however, when it is sought to enforce them after the elections, they are held to be directory only, if that is possible, especially where, if they are

held to be mandatory, innocent voters will be deprived of their votes without any fault on their part

Election laws on qualification and disqualificationo the rule that election laws are mandatory before but not after the elections applies

only to those provisions which are procedural in nature affecting the conduct of the elections as well as to those which direct or require election officials to do or perform certain acts, the purpose of such construction being to preserve the sanctity of the ballot and carry out the will of the electorate

o the rule does not apply to provisions of the election laws prescribing the time limit to file certificates of candidacy and the qualifications and disqualifications to elective office – these provisions are considered mandatory even after the elections

Statutes prescribing qualifications for officeo Statutes prescribing the eligibility or qualifications of persons to a public office are

regarded as mandatory

Statutes relating to assessment of taxeso the provisions of a statute relating to the assessment of taxes, which are intended

for the security of the citizens, or to insure the equality of taxation, or for certainty as to the nature and amount of each other’s tax, are mandatory

o those designed merely for the information or direction of officers or to secure methodical and systematic modes or proceedings are merely directory

Statutes concerning public auction saleo statutes authorizing public auction sale of properties and prescribing the procedure

to be followed are in derogation of property rights and due process, and are construed to be mandatory

Directory Statutes

Statutes prescribing guidance for officerso there are statutory requisitions intended for guidance of officers in the conduct if

business devolved upon them which do not limit their power or render its exercise in disregard of the requisitions ineffectual

o Provisions of this character are not usually regarded as mandatory, unless accompanied by negative words importing that the acts required shall not be done in any other manner or time than that designated

Statutes prescribing manner of judicial actiono Statutes prescribing the requirements as to the manner of judicial action that judges

should follow in the discharge of their functions are merely directory Statutes requiring rendition of decision within prescribe period

o If by the terms of the statute or by necessary implication the judge or public official loses jurisdiction to resolve the case after the prescribed period and any judgment thus rendered is null and void for want of jurisdiction, then the statute is mandatory

o A statute requiring rendition of judgment within a specified time is generally construed to be merely director

Constitutional time provision directory

Prospective and retroactive Statutes

In general

Prospective and retroactive statutes, definedo Prospective statute – is one which operates upon facts or transactions that occur

after the statute takes effect, one that looks and applies to the futureo Retroactive statute – is one which creates a new obligation, imposes a new duty or

attaches a new disability in respect to a transaction already past Laws operate prospectively, generally

o Statutes are to be construed as having only prospective operation, unless the intendment of the legislature to give them retroactive effect is expressed declared or is necessarily implied from the language used

o Art. 4 of the Civil Code – laws shall have no retroactive effect, unless the contrary is provided

o Lex prospicit, nonrespicit – the law looks forward, not backwardo Lex de future, judex de praeterito – the law provides for the future, the judge for

the pasto Nova constitutio futuris formam imponere debet non praeteritis – A new statute

should affect the future, not the pasto The principle of prospectivity has also been applied to judicial decisions which,

although in themselves not laws, are nevertheless evidence of what the law mean – Art 8 of the Civil Code – Judicial decisions applying and interpreting the laws or the Constitution shall form a part of the legal system

Presumption against retroactivityo the presumption is that all laws operate prospectively, unless the contrary clearly

appears or is clearly, plainly, and unequivocally expressed or necessarily impliedo In case of doubt: resolved against the retroactive operations of laws

Words or phrase indicating prospectivelyo “hereafter” or “thereafter” – to take immediately or at a fixed future dateo “from and after the passing of this Act” – enacting clauseo “shall have been made” or “from and after” – designate a date

o “shall” – implies that the lawmakers intend the enactment to be effective only in future

o “shall take effect upon its approval”o on the date the President shall have issued a proclamation or executive order

Retroactive statutes, generallyo The constitution does not prohibit the enactment of retroactive statutes which do not

impair the obligation of contract, deprive persons of property without due process of law, or divest rights which have become vested, or which are not in the nature of expost facto laws

o statutes are retroactive: remedial or curative statutes statutes which create new rights statute expressly provides that it shall apply retroactively where its uses words which clearly indicate its intent

Statutes Given Prospective effect

Penal statutes, generallyo Penal laws operate prospectivelyo Art. 21 of the Revise Penal Code – no felony shall be punishable by any penalty not

prescribed by law prior to its commissiono nullum crimen sine poena, nulla poena sine legis – there is no crime without a

penalty, and there is no penalty without a law Ex post facto law

o Constitution provides that no ex post facto law shall be enactedo ex post facto law

a law which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act

a law which aggravates a crime, or makes it greater than it was, when committed

a law which changes the punishment and inflicts a greater punishment than that annexed to the crime when committed

a law which alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense

a law which assumes to regulate civil rights and remedies only, but in effect imposes penalty or deprivation of a right for something which when done was lawful

a law which deprives a person accused of a crime of some lawful protection to which he has become entitled

o prohibition against ex post facto law is limited in scope and applies only to criminal or penal matters and not to laws which concern civil proceedings generally, or which affect or regulate civil or private rights or political privilege

Bill of attaindero Constitution provides that no bill of attainder shall be enactedo Bill of attainder – is a legislative act which inflicts punishment without judicial trial

o essence: substitution of a legislative of a judicial determination of guilto serves to implement the principle of separation of powers by confining the

legislature to rule-making and thereby forestalling legislative usurpation of judicial functions

o history: Bill of attainder was employed to suppress unpopular causes and political minorities, and this is the evil sought to be suppressed by the Constitution

When penal laws applied retroactivelyo penal laws cannot be given retroactive effect, except when they are favorable to the

accusedo Favorabilia sunt amplianda, adiosa restringenda – Conscience and good law

justify this exception exception was inspired by sentiments of humanity and accepted by science

o 2 laws affecting the liability of the accused in force at the time of the commission of the crime, and the other enacted

during or after trial of the criminal action, a statute is passed: reducing the degree of penalty eliminating the offense itself removing subsidiary imprisonment in case of insolvency prescription of the offense enacted during trial of the criminal action

o Exceptions when the accused is a habitual delinquent when the statute provides that it shall not apply to existing actions or pending

cases where the accused disregards the later law and invokes the prior statute under

which he was prosecutedo amendatory statute rendering an illegal act prior to its enactment no longer illegal is

given retroactive effect does not apply when amendatory act specifically provides that it shall only apply prospectively

Statutes substantive in natureo substantive law – a law which creates, defines or regulates rights concerning life.

liberty or property, or the powers of agencies or instrumentalities for the administration of public affairs

o substantive right – one which includes those rights which one enjoys under the legal system prior to the disturbance of normal relations

o substantive law operates prospectively and may not be construed retroactively without somehow affecting previous or past rights or obligations

Effects on pending actionso Statutes affecting substantive rights and not merely procedural matters may not be

given retroactive operation so as to govern pending proceedings Qualification of rule

o A substantive law will be construed as applicable to pending actions is such is the clear intent of the law, or if the statute, by the very nature of its purpose as a measure to promote social justice or in the exercise of police power, is intended to apply to pending actions

o a case must be decided in the light of the law as it exists at the time of the decision by the appellate court, where the statute is changing the law is intended to be retroactive and to apply to pending litigations or is retroactive in effect

Statutes affecting vested rightso a vested right or interest may be said to mean some right or interest in property that

has become fixed or established and is no longer open to doubt or controversyo rights are vested when the right to enjoyment, present or prospective, has become

the property of some particular person or persons, as a present interesto a mere expectancy of future benefit or a contingent interest in property founded on

anticipated continuance of existing laws does not constitute a vested rightso a statute may not be construed and applied retroactively if it impairs substantive

right that has become vested, as disturbing or destroying existing right embodied in a judgment, or creating new obligations with respect to past transactions as by establishing a substantive right to fundamental cause of action where none existed before and making such right retroactive, or arbitrarily recreating a new right or liability already extinguished by operation of law

Statutes affecting obligations of contracto any contract entered into must be in accordance with, and not repugnant to, the

applicable law at the time of executiono laws existing at the time of the execution of contracts are the ones applicable to

such transaction and not later statutes, unless the latter provide that they shall have retroactive effect

o Later statutes will not be given retroactive effect if to do so will impair the obligation of contracts, for the Constitution prohibits the enactment of a law impairing the obligation of contracts

o any law which enlarges, abridges, or in any manner changes the intention of the parties necessarily impairs that contract itself

o if the contract is legal at its inception, it cannot be rendered illegal by a subsequent legislation

Illustration of rule Repealing and amendatory acts

o statutes which repeal earlier or prior laws operate prospectively, unless the legislative intent to give them retroactive effect clearly appears

o it will not be construed retroactively if it will impair vested rights or the obligations of contracts, or unsettle matters that had been legally done under the old law

Statutes given Retroactive effect

Laws not retroactive; exceptiono general rule is that laws have no retroactive effect. exception:

procedural law curative law

Exceptions to the ruleo rules do not apply where

the statute itself expressly or by necessary implication provides that pending actions are excepted from its operation, or where to apply it to pending proceedings would impair vested rights

courts may deny the retroactive application of procedural laws in the even that to do so would not be feasible or would work injustice

nor may procedural laws be applied retroactively to pending actions if to do so would involve intricate problems of due process or impair the independence of the courts

Procedural lawso are adjective laws which prescribe rules and forms of procedure of enforcing rights

or obtaining redress for their invasiono refer to rules of procedure by which courts applying laws of all kinds can properly

administer justiceo include rules of pleadings, practice and evidenceo statutes regulating the procedure of the courts will be construed as applicable to

actions pending and undetermined at the time of their passage Exceptions to the rule

o same ^ Curative statutes

o healing acts

o they are remedial by curing defects and adding to the means of enforcing existing obligations

o rule: if the things omitted or failed to be done, and which constitutes the defect sought to be removed or made harmless, is something which the legislature might have dispensed with by a previous statute, it may do so by a subsequent one

Limitations of ruleo rules does not apply

if it would impair the obligations of contract disturb vested rights

EXCEPT if the legislative intent is to give them retrospective operationo enacted by the police power measure

Police power legislationso statutes which are enacted in the exercise of police power to regulate certain

activities, are applicable not only to those activities or transactions coming into being after their passage, but also to those already in existence

o reason: non impairment of the obligations of contract or of vested rights must yield to the legitimate exercise of power, by the legislature, to prescribe regulations to promote the health, morals, peace, education, goof order, safety and general welfare of the people

o any right acquired under a statute or under a contract is subject to the condition that it may be impaired by the state in the legitimate exercise of its police power

Statutes relating to prescriptiono Statutes relating to prescription of action, being procedural in nature, applies to all

actions filed after its effectivity. In other words, such statute is both prospective in the sense that it applies to causes that accrued and will accrue

after it took effect retroactive in the sense that it applies to causes that accrued before its

passageo statute of limitations will not be given retroactive operation to causes of action that

accrued prior to its enactment if to do so will remove a bar of limitation which has become complete or disturb existing claims without allowing a reasonable time to bring actions thereon

Apparently conflicting decisions on prescription Prescription in criminal and civil cases

o laws on prescription of actions apply as well to crimes committed before the enactment as afterwards.

o There is a distinction between a statute of limitations in criminal actions and the of limitations in civil suits, as regards to their construction Civil suit – statute is enacted by the legislature as an impartial arbiter, between

two contending parties. In the construction of such statute, there is no intendment to be made in favor of either party. Neither grant right to the other; there is therefore no grantor against whom no ordinary presumptions of construction are to be made

Criminal cases – the state is the grantor, surrendering by act of grace its right to prosecute or declare that the offense is no longer subject of prosecution after the prescriptive period. Such statutes are not only liberally construed but are applied retroactively if favorable to the accused

Statutes relating to appeals

o the right to appeal from an adverse judgment, other than that which the Constitution grants, is statutory and may be restricted or taken away

o a statute relating to appeals is remedial or procedural in nature and applies to pending actions in which no judgment has not yet been promulgated at the time the statute took effect

Amendment, Revision, Codification and repeal

Amendment

Power to amendo The authority to amend is part of the legislative power to enact, alter and repeal

lawso The Supreme Court has no authority to amend or change the law, such authority is

exclusive prerogative of the legislature How amendment effected

o Amendment – the change or modification, by addition, deletion, or alteration, of a statute which survives in its amended form

o The amendment of a statute is effected by the enactment of an amendatory act modifying or altering some provisions of the statute either expressly or impliedly

o Express amendment is done by providing in the amendatory act that specific sections or provisions of a statute are amended as recited therein or, as commonly indicated, “to read as follows:”

Amendment by implicationo An amendment by implication is neither presumed nor favored.o Every statute should be harmonized with other laws on the same subject, in the

absence of a clear inconsistency between themo There is an implied amendment where a part of a prior statute embracing the same

subject as the later act may not be enforced without nullifying the pertinent provision of the latter, in which event, the prior act is deemed amended or modified to the extent of the repugnancy

When amendment takes effect

o An amendatory act takes effect after 15 days following its publication in the Official Gazette or newspaper of general circulation, unless a date is specified therein after such publication

o Since an amendment is a part of the original act that is already in force and in effect, it must necessarily become effective as part of the amended law at the time the amendatory act takes effect

How amendment is construed, generallyo A statute and its amendment should be read together as a wholeo Amendment becomes a part of the original statute as if it had always been

contained thereino Where an amendment leaves certain portions of an act unchanged, such portions

are continued in force, with the same meaning and effect they have before the amendment

Meaning of law changed by amendmento An amended act should be given a construction different from that of the law prior to

its amendment, for it is presumed that the legislature would not have amended it had not wanted to change its meaning

o Deliberate selection of language in the mandatory act differing from that of the original act indicates that the legislature intended a change in the law or in its meaning, and the court should endeavor to give effect to such intent

Amendment operates prospectivelyo An amendment will not be construed as having a retroactive effect, unless the

contrary is provided or the legislative intent to give it a retroactive effect is necessarily implied from the language used and only if no vested right is impaired

o Procedural laws are retroactive Effect of amendment on vested rights

o An amendment will not be construed retroactively, even though it so provides, if to do so will impair vested rights or the obligations of contract

o After a statute is amended, the original act continues to be in force with regard to all rights that had accrued prior to the amendment or to obligations that were contracted under the prior act, and such rights or obligations will continue to be governed by the law before its amendment

Effect of amendment on jurisdictiono The jurisdiction of a court to try cases is determined by the law in force at the time

the action is institutedo Once jurisdiction to try a case is acquired, that jurisdiction remains with the court

until the case is finally decided therein

o The rule applies to quasi-judicial bodies Effect of nullity of prior or amendatory act

o An invalid or unconstitutional law does not in legal contemplation existo Where the amendatory act is declared unconstitutional, it is as if the amendment did

not exist, and the original statute before the attempted amendment remains unaffected and in force

o The amendatory act, if complete by itself, will be considered as an original or independent act

Revision and Codification

Generallyo Purpose: to restate the existing laws into one statute, simplify complicated provisions,

and make the laws on the subject easily foundo In the course of revision or codification, some new provisions are inserted, some old

provisions are omitted, the phraseology is changed, and sections are rearranged Construction to harmonize different provisions

o Presumption: the author has maintained a consistent philosophy or positiono Different provisions of a revised statute or code should be read and construed

togethero A code is enacted as a single, comprehensive statute, and is to be considered as

such and not as a series of disconnected articles or provisionso Where an irreconcilable conflict between parts of a revised statute or code, that which

is best in accord with the general plan or, in the absence of circumstances upon which to base a choice, that which is later in physical position, being the latest expression of legislative will, will prevail

What is omitted id deemed repealedo All parts and provisions of the old laws that are omitted in the revised statute or code

are deemed repealed, unless the statute or code provides otherwise, expressly or impliedly

o Reason: a revision or codification is intended to be a complete enactment on the subject and an expression of the whole law thereon, which thereby indicates an intent

on the part of the legislature to abrogate those provisions of the old laws that are not reproduced in the revised statute or code

o The repeal by revision or codification of former laws is possible only if the revised statute or code was intended to cover the whole subject to be a complete and perfect system in itself

o A subsequent statute is deemed to repeal a prior law if the former revises the whole subject matter of the former statute

o When both intent and scope clearly evince the idea of a repeal, then all parts and provisions of the prior act that are omitted from the revised act are deemed repealed

o Before there can be an implied repeal, it must be clear intent of the legislature that the later act be the substitute to the prior act

Change in phraseologyo Neither an alteration in phraseology nor the omission or addition of words in the later

statute shall be held necessarily to alter the construction of the former actso Words which do not materially affect the sense will be omitted from the statute as

incorporated in the revised statute or code, or that some general idea will be expressed in brief phrases

o If there has been a material change or omission, which clearly indicates an intent to depart from the previous construction of the old laws, then such construction as will effectuate such intent will be adopted

Continuation of existing lawso A codification should be construed as a continuation of the existing statuteso Presumption: the codifiers did not intend to change the law as it formerly existedo The rearrangement of sections or parts of a statute, or the placing of portions of what

formerly was a single section in separate sections, does not operate to change the operation, effect or meaning of the statute, unless the changes are of such nature as to manifest clearly and unmistakably a legislative intent to change the former laws

Repeal

Power to repealo Subject to constitutional limitations, the legislature has plenary power to repeal,

abrogate or revoke existing lawso The legislature cannot in and of itself enact irrepealably laws or limit its future

legislative actso The Supreme Court has no power to repeal laws

The constitution prohibits passage of irrepealable laws; all laws are repealable Repeal, generally

o The repeal of a statute is either: Total – a repeal that revokes the statute completely Partial – a repeal leaves the unaffected portions of the statute in force

OR Express – A declaration in a statute, usually in its repealing clause, that a

particular and specific law is repealed failure to add a specific repealing clause indicates that the

intent was not to repeal any existing law Implied – all other repeals^

o Laws are repealed only be the enactment of subsequent laws Repeal by implication

o Where a statute of later date clearly reveals an intention on the part of the legislature to abrogate a prior act on the subject, that intention must be given effect

o Before repeal by implication will be decreed, there must be a sufficient revelation of the legislative intent to repeal

o the intention to repeal must be clear and manifest, otherwise the latter act is to be construed as a continuation of, and not a substitute for, the first act and will continue to speak from the time of the first enactment

o 2 categories of repeals by implication Where provision in the two acts on the same subject matter are in an

irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal of the earlier one

If the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate similarly as a repeal of the earlier act

Irreconcilable inconsistencyo In order to effect a repeal by implication, the later statute must be so irreconcilably

inconsistent and repugnant with the existing law that they cannot be made to reconcile and stand together

o To bring about an implied repeal, the earlier and later statutes should embrace the same subject and should have the same object

o The fact that a later enactment may relate to the same subject matter as that of an earlier statute is not itself sufficient to cause an implied repeal of the prior act, since the new statute may merely be cumulative or a continuation of the old one

o The fact that the terms of an earlier and later provisions of law differ is not sufficient to create repugnance, as to constitute the latter an implied repeal of the former

o Inconsistency is never presumed

Implied repeal by revision or codificationo The revised statute or code is in effect a legislative declaration that whatever is

excluded therefrom shall be discardedo The revised statute or Code must be intended to cover the whole subject to be a

complete and perfect system in itself in order that the prior statutes or parts thereof which are not repeated in the new statute will be deemed impliedly repealed

o Where a statute is revised, or a series of legislative acts on the same subject are revised and consolidated into one, covering the entire field of subject matter, all parts and provisions of the former act or acts that are omitted from the revised act are deemed repealed

o Where a new statute is intended to furnish the exclusive rule on a certain subject, it repeals by implication the old law on the same subject, or where a new statute covers the whole subject matter of an old law and adds new provisions and makes changes, and where such law, whether it be in the form of an amendment or otherwise, is evidently intended to be a revision of the old act, it repeals the old act by implication

Repeal by reenactmento Where a statute is a reenactment of the whole subject in substitution of the previous

laws on the matter, the latter disappears entirely and what is omitted in the reenacted law is deemed repealed

o Where a law amends a specific section of a prior act by providing that the same is amended so as to read as follows, which then quotes the amended provision, what is not included in the reenactment is deemed repealed

Other forms of implied repealo The most powerful implication of repeal is that which arises when the later of two

laws is expressed in the form of a universal negative. o There is a clear distinction between affirmative and negative statutes in regard to

their repealing effects upon prior legislation. Affirmative statute does not impliedly repeal the prior law unless an intention to

effect a repeal is manifest Negative statute repeals all conflicting provisions unless the contrary intention

is disclosed. o Legislative intent to repeal is also shown where it enacts something in general term

and afterwards it passes another on the same subject, which though expressed in affirmative language introduces special conditions or restrictions The subsequent statute will usually be considered as repealing by implication

the former regarding the matter covered by the subsequent act. o The express repeal of a provision of law from which an executive official derives his

authority to enforce another provision of the same law operates to repeal by implication the latter and to deprive the official of the authority to enforce it.

o The enactment of a statute on a subject, whose purpose or object is diametrically opposed to that of an earlier law on the same subject which thereby deprives it of its reason for being, operates to repeal by implication the prior law, even though the provisions of both laws are not inconsistent.

“All laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly,” construedo Not express repealing clauses because it fails to identify or designate the act or acts

that are intended to be repealed.o A clause, which predicates the intended repeal upon the condition that a substantial

conflict must be found on existing and prior acts of the same subject matter. o Legislature is presumed to know the existing law so that if repeal of particular or

specific law or laws is intended, the proper step is to so express it. Repeal by implication not favored

o Legislature is presumed to know the existing laws on the subject and not to have enacted inconsistent or conflicting statutes.

o A construction which in effect will repeal a statute altogether should, if possible, be rejected.

o In case of doubt as to whether a later statute has impliedly repealed a prior law on the same subject, the doubt should be resolved against implied repeal.

As between two laws, one passed later prevailso Reason: it is the latest expression of legislative willo Leges posteriors priores contrarias abrogant – later statute repeals prior ones

which are repugnant thereto

o The rule applies even if the later act is made to take effect ahead of the earlier law General law does not repeal special law, generally

o A general law on a subject does not operate to repeal a prior special law on the same subject, unless it clearly appears that the legislature has intended by the later general act to modify or repeal the earlier special law.

o Generalia specialibus non derogant – a general law does not nullify a specific or special law

o Reason why a special law prevails over a general law: the legislature considers and makes provision for all the circumstances of the particular case.

o General and special laws are read and construed together, and that repugnancy between them is reconciled by constituting the special law as an exception to the general law.

Application of rule When special or general law repeals the other

o There is always a partial repeal where the later act is a special law.o Intent to repeal the earlier special law where the later general act provides that all

laws or parts thereof which are inconsistent therewith are repealed or modified accordingly

o If the intention to repeal the special law is clear, then the rule that the special law will be considered as an exception to the general law does not apply; what applies is the rule that the special law is deemed impliedly repealed.

Effects of repeal, generallyo Appeal of a statute renders it inoperative as of the date the repealing act takes

effect. o Repeal is by no means equivalent to a declaration that the repealed statute is invalid

from the date of its enactment.o The repeal of a law does not undo the consequences of the operation of the statute

while in force, unless such result is directed by express language or by necessary implication, except as it may affect rights which become vested when the repealed act was in force.

On jurisdiction, generallyo Neither the repeal nor the explanation of the law deprives the court or administrative

tribunal of the authority to act on the pending action and to finally decide it. o General rule: where a court or tribunal has already acquired and is exercising

jurisdiction over a controversy, its jurisdiction to proceed to final determination of the cause is not affected by the new legislation repealing the statute which originally conferred jurisdiction.

o Repeal or expiration of a statute under which a court or tribunal originally acquired jurisdiction to try and decide a case, does not make its decision subsequently rendered thereon null and void for want of authority, unless otherwise provided.

On jurisdiction to try criminal caseo The jurisdiction of a court to try a criminal case is determined by the law in force at

the time the action is institutedo Once a jurisdiction to try a criminal case is acquired, that jurisdiction remains with

the court until the case is finally determined. On actions, pending or otherwise

o Rule: repeal of a statute defeats all actions and proceedings, including those, which are still pending, which arose out of or are based on said statute.

o The court must conform its decision to the law then existing and may, therefore, reverse a judgment which was correct when pronounced in the subordinate tribunal, if it appears that pending appeal a statute which was necessary to support the judgment of the lower court has been withdrawn by an absolute repeal.

On vested rightso The statute should not be construed so as to affect the rights which have vested

under the old law then in force, or as requiring the abatement of actions instituted for the enforcement of such rights.

o The constitution forbids it except in the legitimate exercise of police power. On contracts

o the repeal or amendment of said law will not affect the terms of the contract nor impair the right of the parties thereunder

Effect of repeal of tax lawso Such statute is not made retroactive, a tax assessed before the repeal is collectible

afterwards according to the law in force when the assessment or levy was made. Repeal and reenactment, effect of

o Simultaneous repeal and reenactment of a statute does not affect the rights and liabilities which have accrued under the original statute, since the reenactment neutralizes the repeal and continues the law in force without interruption.

o The repeal of a penal law, under which a person is charged with violation thereof and its simultaneous reenactment penalizing the same act done by him under the old law, will not preclude the accused’s prosecution, nor deprive the court of the jurisdiction to try and convict him

Effect of repeal of penal lawso Where the repeal is absolute, so that the crime no longer exists, prosecution of the

person charged under the old law cannot be had and the action should be dismissed.

o Exception: it continues to be a crime where the repealing act reenacts the statute and penalizes the same act

previously penalized under the repealed law Where the repealing act contains a saving clause providing that pending

actions shall not be affected Distinction as to effect of repeal and expiration of law

o In absolute repeal, the crime is obliterated and the stigma of conviction of an accused for violation of the penal law before its repeal is erased.

Effect of repeal of municipal charter o The repeal of a charter destroys all offices under it, and puts an end to the functions

of the incumbents. o The conversation of a municipality into a city by the passage of a charter or a statute

to that effect has the effect of abolishing all municipal offices then existing under the old municipality offices then the existing under the old municipality, save those excepted in the charter itself.

Repeal or nullity of repealing law, effect of o When a law which expressly repeals a prior law is itself repealed, the law first

repealed shall not thereby revived unless expressly so provided o Where a repealing statute is declared unconstitutional, it will have no effect of

repealing the former statute, the former or old statute continues to remain in force.

Constitutional Construction

Constitution definedo fundamental law which sets up a form of government and defines and delimits the

powers thereof and those of its officers, reserving to the people themselves plenary sovereignty

o Permanent in nature thus it does not only apply to existing conditions but also to future needs

o it is the fundamental laws for the governance and administration of a nation • absolute and unalterable except by amendments

o all other laws are expected to conform to it Origin and history of the Philippine Constitutions

o 1935 Constitution Tydings-Mcduffie Law- allowed the Filipinos to adopt a constitutions but subject

to the conditions prescribed in the Act. Required 3 steps:

o drafting and approval of the constitution must be authorized

o it must be certified by the President of the US o it must be ratified by the people of the Philippines at a plebiscite

On May 14, 1935 the Constitution was ratified by the peopleo 1973 Constitution

adopted in response to popular clamor to meat the problems of the country March 16, 1967: Congress passed Resolution No.2, which was amended by

Resolution No. 4, calling a convention to propose amendments to the Constitution

resolution No. 2 was implemented by republic Act. No. 6132 approved on August 24, 1970

While the Convention was in session on September 21, 1972, the President issued Proclamation No. 1081 placing the entire Philippines under Martial law

On November 29, 1972 the Convention approved its proposed Constitution It went effect on January 17 1973

o 1987 Constitution after EDSA Revolution It took effect on February 2, 1987 also known as the 1987 Charter

Primary purpose of constitutional constructiono primary task of constitutional construction is to ascertain the intent or purpose of the

framers of the constitution as expressed in its language o purpose of our Constitution: to protect and enhance the people’s interests

Constitution construed as enduring for ageso Constitution is not merely for a few years but it also needs to endure through a long

lapse of ages o Reason: Because it governs the life of the people not only at the time of its framing

but far into the indefinite future o it must be adaptable to various crisis of human affairs but it must also be solid

permanent and substantialo Its stability protects the rights, liberty, and property of the people (rich or poor) o It must be construed as a dynamic process intended to stand for a great length of

time to be progressive and not static o Construction should

It should NOT change with emergencies or conditions It should NOT be inflexible It should NOT be interpreted narrowly

Words employed should not be construed to yield fixed and rigid answers because its meaning is applied to meet new or changed conditions as they arise

o Courts should construe the constitution so that it would be consistent with reason, justice and the public interest

How language of constitution construedo primary source in order to ascertain the constitution is the language of the

Constitution itselfo The words that are used in a broad sense with a view of covering all contingencies o Words must be understood in their common or ordinary meaning except when

technical terms are employed o Do not construe the constitution in such a way that its meaning would changeo Rule: general prevails over the restricted unless the contrary is indicated.

Aids to construction, generallyo apart from its language courts may refer to the following in construing the

constitution: history proceedings of the convention prior laws and judicial decisions contemporaneous constructions consequences of alternative interpretation

Realities existing at time of adoption; object to be accomplishedo existing realities that confronted the framers of the Constitution can help unravel the

intent behind a constitutional provision Proceedings of the convention

o RULE: If the language of the constitutional provision is plain it is not necessary to resort to extrinsic aids

o EXCEPTION: when the intent of the framer doesn’t appear in the text or it has more than one construction.

o The proceedings of the convention are usually inquired into because it sheds light into what the framers of the constitution had in mind at that time. (refers to the debates, interpretations and opinions concerning particular provisions)

Contemporaneous construction and writingso may be used to resolve but not to create ambiguities o In construing statutes, contemporaneous construction are entitled to great weight

however when it comes to the constitution it has no weight and will not be allowed to change in any way its meaning.

o Writings of delegates – has persuasive force but it depends on two things: if opinions are based on fact known to them and not established it is immaterial on legal hermeneutics, their conclusions may not be a shade better in the eyes

of the law. Previous laws and judicial rulings

o framers of the constitution is presumed to be aware of prevailing judicial doctrines concerning the subject of constitutional provisions. THUS when courts adopt

principles different from prior decisions it is presumed that they did so to overrule said principle

Changes in phraseologyo Before a constitution is ratified it undergoes a lot of revisions and changes in

phraseology (ex. deletion of words) and these changes may be inquired into to ascertain the intent or purpose of the provision as approved

o HOWEVER mere deletion, as negative guides, cannot prevail over the positive provisions nor is it determinative of any conclusion.

o Certain provisions in our constitution (from 1935 to the present) are mere reenactments of prior constitutions thus these changes may indicate an intent to modify or change the meaning of the old provisions.

Consequences of alternative constructionso consequences that may follow from alternative construction of doubtful constitutional

provisions constitute an important factor to consider in construing them. o if a provision has more than one interpretation, that construction which would lead to

absurd, impossible or mischievous consequences must be rejected. o e.g. directory and mandatory interpretation: Art. 8 Sec 15(1) requires judges to

render decision within specific periods from date of submission for decision of cases (construed as directory because if otherwise it will cause greater injury to the public)

Constitution construed as a wholeo provision should not be construed separately from the rest it should be interpreted

as a whole and be harmonized with conflicting provisions so as to give them all force and effect.

o sections in the constitution with a particular subject should be interpreted together to effectuate the whole purpose of the Constitution.

Mandatory or directoryo RULE: constitutional provisions are to be construed as mandatory unless a different

intention is manifested. o Reason: because in a constitution, the sovereign itself speaks and is laying down

rules which for the time being at least are to control alike the government and the governed.

o failure of the legislature to enact the necessary required by the constitution does not make the legislature is illegal.

Prospective or retroactiveo RULE: constitution operates prospectively only unless the words employed are clear

that it applies retroactively Applicability of rules of statutory construction

Generally, constitutional provisions are self-executingo RULE: constitutional provisions are self executing except when provisions

themselves expressly require legislations to implement them. o Self executing provisions- provisions which are complete by themselves and

becomes operative without the aid of supplementary legislation. o In case of Doubt, construe such provision as self executing rather than non-self

executing. Three maxims employed as aids to construe constitutional provisions

o verba legis – Plain meaning Ruleo ratio legis est anima – The reason of the law is its soulo ut magis valeat quam pereat – That construction is to be sought which gives effect

to the whole of the statute

Constructions of US Constitutional provisions adopted in 1987 Constitutiono most provisions on police power, eminent domain, taxation, and the Bill of Rights in

the Constitution were taken from or patterned after the US Constitution Other illustrative cases in constitutional construction