Stat Con (Diaz) - Reviewer #2

8/10/2019 Stat Con (Diaz) - Reviewer #2

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STATUTORY CONSTRUCTION

CHAPTER IPRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

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

explicitly provided for in the law.

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

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

!ifference between judicial legislation and statutory construction"#here legislature attempts to do several things one which is invalid, it

may be discarded if the remainder of the act is workable and in no waydepends upon the invalid portion, but if that portion is an integral part ofthe act, and its excision changes the manifest intent of the act bybroadening its scope to include subject matter or territory which was notincluded therein as enacted, such excision is $judicial legislation% andnot $statutory construction%.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction is the drawing of conclusions with respect to subjects thatare beyond the direct expression of the text, while interretationis theprocess of discovering the true meaning of the language used.

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


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SITUS OF CONSTRUCTION AND INTERPRETATION

&n our system of government"

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

-xecutive power is vested in the )resident of the epublic of the

)hilippines Art. /&&, *ec.0, )hil. 'onst.1

Judicial power is vested in one *upreme 'ourt and in such lower

courts as may be established by law. Art /&&&, *ec. 0, )hil. 'onst.1

(egislative makes the law-xecutive 2 executes the lawJudicial interprets the law

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

&t is the duty of the 'ourts of Justice to settle actual controversiesinvolving rights which are legally demandable and enforceable, and todetermine whether or not there has been a grave abuse of discretionamounting to lack or excess of jurisdiction on the part of any branch orinstrumentality of the government.

*upreme 'ourt is the one and only 'onstitutional 'ourt and all other

lower courts are statutory courts and such lower courts have the powerto construe and interpret written laws.

DUTY OF THE COURTS TO CONSTRUE AND INTERPRETTHE LA!" RE#UISITES

0. 3here must be an actual case or controversy,4. 3here is ambiguity in the law involved in the controversy.

Ambiguity exists if reasonable persons can find different meanings in a

statute, document, etc.

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

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


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

DIFFERENT $INDS OF CONSTRUCTION ANDINTERPRETATION

Her%eneutics the science or art of construction and interpretation.

Le&a' (er%eneutics is the systematic body of rules which arerecogni5ed as applicable to the construction and interpretation of legalwritings.

!r. (ieber in his work on +ermeneutics gives the following c'assi)ication

o) t(e *i))erent +in*s o) interretation"

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

4. -xtensive interpretation also called as liberal interpretation, itadopts a more comprehensive signification of the words.

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

7. 8ree or unrestricted interpretation proceeds simply on he generalprinciples of interpretation in good faith, not bound by any specific orsuperior principle.

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

:. )redestined interpretation takes place when the interpreter, laboringunder a strong bias of mind, makes the text subservient to hispreconceived views and desires.

SU-ECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are theconstitution and statutes which include ordinances. ;ut we may alsoadd resolutions, executive orders and department circulars.


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CHAPTER IISTATUTES

LEGISLATI.E PROCEDURES

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

A statute starts with a bill.

i'' is the draft of a proposed law from the time of its introduction in alegislative body through all the various stages in both houses. &t is

enacted into law by a vote of the legislative body. An /Act0 is theappropriate term for it after it has been acted on and passed by thelegislature. &t then becomes a statute, the written will of the legislaturesolemnly expressed according to the form necessary to constitute it asthe law of the state.

$*tatute (aw% is a term often used interchangeably with the word$statute%. *tatute (aw, however, is broader in meaning since it includesnot only statute but also the judicial interpretation and application of theenactment.

HO! DOES A ILL ECOMES A LA! 1 STEPS

A bill before it becomes a law must pass the strict constitutionalreuirements explicit both in the 0


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there be an unfavorable report of the committee, then the proposedbill is dead.

d. @pon favorable action by the committee, the bill is returned to the?ational Assembly and shall be calendared for the second reading.

e. &n the second reading, the bill is read in its entirety.

f. &mmediately after the second reading, the bill is set for open debateswhere members of the assembly may propose amendments andinsertions to the proposed bill.

g. After the approval of the bill in its second reading and at least three61 calendar days before its final passage, the bill is printed in its finalform and copies thereof distributed to each of the members.

h. 3he bill is then calendared for the third and final reading. At thisstage, no amendment shall be allowed. nly the title of the bill isread and the ?ational Assembly will then vote on the bill. @nder thepresent 0=b 'onstitution, after the third and final reading at one+ouse where the bill originated, it will go to the other +ouse where it

will undergo the same process.i. After the bill has been passed, it will be submitted to the )rime

Minister )resident1 for approval. &f he disapproves, he shall veto itand return the same with his objections to the ?ational Assembly+ouse where it originated1, and if approved by two2thirds of all itsmembers, shall become a law. @nder the present set2up, if theoriginating house will agree to pass the bill, it shall be sent, togetherwith the objections to the other house by which it shall be likewise beconsidered and must be approved by two2thirds of the votes. -verybill passed by 'ongress shall be acted upon by the )resident withinthirty 6B1 days from receipt thereof. therwise, it shall become a law.

CONSTITUTIONAL TEST IN THE PASSAGE OF A ILL

3hree 61 very important constitutional reuirements in the enactment ofstatute"

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

3o prevent hodge2podge or log2rolling legislationC

3o prevent surprise or fraud upon the legislatureC and

3o fairly apprise the people, through such publications of

legislative proceedings as is usually made, of the subjects oflegislation that are being considered, in order that they may haveopportunity of being heard thereon by petition or otherwise, if theyshall so desire.


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4. ?o bill passed by either +ouse shall become law unless it has passedthree readings on separate days, and printed copies thereof in its finalform have been distributed to each member three days before itspassage.

6. -very bill passed by the 'ongress shall, before it becomes a law, be

presented to the )resident. 3he executive approval and veto power ofthe )resident is the third important constitutional reuirement in themechanical passage of a bill.

PARTS OF STATUTE

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

b. Prea%2'e part of statute explaining the reasons for its enactment

and the objects sought to be accomplished. @sually, it starts with$whereas%.

c. Enactin& c'ause part of statute which declares its enactment andserves to identify it as an act of legislation proceeding from the properlegislative authority. $;e enacted% is the usual formula used to startthis clause.

d. o*y the main and operative part of the statute containing itssubstantive and even procedural provisions. )rovisos and exceptionsmay also be found.

e. Reea'in& C'ause 2 announces the prior statutes or specificprovisions which have been abrogated by reason of the enactment of

the new law.f. Sa3in& C'ause restriction in a repealing act, which is intended to

save rights, pending proceedings, penalties, etc. from the annihilationwhich would result from an unrestricted repeal.

g. Seara2i'ity C'ause provides that in the event that one or moreprovisions or unconstitutional, the remaining provisions shall still bein force.

h. E))ecti3ity C'ause announces the effective date of the law.

$INDS OF STATUTES

0. Genera' La4 affects the community at large. 3hat which affects allpeople of the state or all of a particular class.

4. Secia' La4 designed for a particular purpose, or limited in rangeor confined to a prescribed field of action on operation.


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3. Loca' La4 relates or operates over a particular locality instead ofover the whole territory of the state.

4. Pu2'ic La4 a general classification of law, consisting generally ofconstitutional, administrative, criminal, and international law,

concerned with the organi5ation of the state, the relations betweenthe state and the people who compose it, the responsibilities of publicofficers of the state, to each other, and to private persons, and therelations of state to one another. )ublic law may be general, local orspecial law.

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

6. Re%e*ia' Statute providing means or method whereby causes ofaction may be affectuated, wrongs redressed and relief obtained.

7. Curati3e Statute a form of retrospective legislation which reachesback into the past to operate upon past events, acts or transactions inorder to correct errors and irregularities and to render valid andeffective many attempted acts which would otherwise be ineffective forthe purpose intended.

8. Pena' Statute defines criminal offenses specify corresponding finesand punishments.

9. Prosecti3e La4 applicable only to cases which shall arise after its

enactment.

10. Retrosecti3e La4 looks backward or contemplates the pastC onewhich is made to affect acts or facts occurring, or rights occurring,before it came into force.

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

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

CONCEPT OF .AGUE STATUTES


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*tatues or act may be said to be vague when it lacks comprehensiblestandards those men $of common intelligence must necessarily guess atits meaning and differ as to its application.*tatute is repugnant to the 'onstitution in two 41 respects"0. &t violates due process for failure to accord persons fair notice of

conduct to avoidC and4. &t leaves law enforcers unbridled discretions.

3he *upreme 'ourt held that the $vagueness% doctrine merely reuires areasonable degree of certainty for the statute to be upheld222 not absoluteprecision or mathematical exactitude. 8lexibility, rather than meticulousspecificity, is permissible as long as the metes and bounds of the statuteare clearly delineated

REPEALS OF STATUTE MAY E E5PRESSED OR IMPLIED

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

I%'ie* reea' when a later statute contains provisions so contrary toirreconcilable with those of the earlier law that only one of the twostatutes can stand in force.

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

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

3he intention to repeal must be clear and manifest, otherwise, at least,as a general rule, the later act is to be construed as a continuation of,and not a substitute for, the first act.

3wo 41 categories of repeal by implication"0. #here provision in the two acts on the same subject matter are in an

irreconcilable conflictC4. &f the later act covers the whole subject of the earlier one and is

clearly intended as a substitute to be a complete and perfect systemin itself.

ORDINANCE


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

TEST OF .ALID ORDINANCE

0. Must not contravene the 'onstitution or any statuteC4. Must not be unfair or oppressiveC6. Must not be partial or discriminatoryC7. Must not prohibit but may regulate tradeC9. Must be general and consistent with public policyC and:. Must not be unreasonable.

REASON !HY AN ORDINANCE SHOULD NOTCONTRA.ENE A STATUTE

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

3he delegate cannot be superior to the principal.

ROLE OF FOREIGN -URISPRUDENCE

)hilippine laws must necessarily be construed in accordance with the

intention of its own law makers and such intent may be deduced fromthe language of each law and the context of other local legislation relatedthereof.


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CHAPTER III

ASIC GUIDELINES IN THE CONSTRUCTION ANDINTERPRETATION OF LA!S

LEGISLATI.E INTENT

3he object of all interpretation and construction of statutes is toascertain the meaning and intention of the legislature, to the end thatthe same may be enforced.

(egislative intent is determined principally from the language of thestatute.

.ERA LEGIS

&f the language of the statute is plain and free from ambiguity, andexpress a single, definite, and sensible meaning, that meaning isconclusively presumed to be the meaning which the legislature intendedto convey.

STATUTES AS A !HOLE

A cardinal rule in statutory construction is that legislative intent must beascertained from a consideration of the statute as a whole and notmerely of a particular provision. A word or phrase might easily convey ameaning which is different from the one actually intended.

A statute should be construed as a whole because it is not to bepresumed that the legislature has used any useless words, and becauseit is dangerous practice to base the construction upon only a part of it,

since one portion may be ualified by other portions.

SPIRIT AND PURPOSE OF THE LA!

#hen the interpretation of a statute according to the exact and literalimport of its words would lead to absurd or mischievous conseuences,or would thwart or contravene the manifest purpose of the legislature in


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its enactment, it should be construed according to its spirit and reason,disregarding or modifying, so far as may be necessary, the strict letter ofthe law.

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

!octrine of necessary implications. #hat is implied in a statute is as

much a part thereof as that which is expressed.

CASUS OMISSUS

#hen a statute makes specific provisions in regard to severalenumerated cases or objects, but omits to make any provision for a caseor object which is analogous to those enumerated, or which stands uponthe same reason, and is therefore within the general scope of the statute,and it appears that such case or object was omitted by inadvertence orbecause it was overlooked or unforeseen, it is called a /casus o%issus07*uch omissions or defects cannot be supplied by the courts.

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

STARE DECISIS

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

Stare Decisis. 8ollow past precedents and do not disturb what has beensettled. Matters already decided on the merits cannot be relitigatedagain and again.

Stare decisis et non quieta movere follow past precedents and do not

disturb what has been settled.


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CHAPTER I.CONSTRUCTION AND INTERPRETATION OF

!ORDS AND PHRASES

!HEN THE LA! DOES NOT DISTINGUISH, COURTSSHOULD NOT DISTINGUISH

#hen the law does not distinguish, courts should not distinguish. 3he

rule, founded on logic, is a corollary of the principle that general wordsand phrases of a statute should ordinarily be accorded their natural andgeneral significance.

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

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

E5CEPTIONS IN THE STATUTE

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

GENERAL AND SPECIAL TERMS

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

purpose of the act.

Deneral terms or provisions in a statute may be restrained and limitedby specific terms or provisions with which they are associated.

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


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GENERAL TERMS FOLLO!ING SPECIAL TERMS8E-USDEM GENERIS9

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

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

ule of ejusdem generismerely a tool of statutory construction resorted

to when legislative intent is uncertain.

E5PRESS MENTION AND IMPLIED E5CLUSION

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

-xcept"

#hen there is manifest of injustice

#hen there is no reason for exception.

ASSOCIATED !ORDS 8NOSCITUR SOCIIS9

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


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USE OF NEGATI.E !ORDS

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

3he word /s(a''0 emphasi5es mandatory character and meansimperative, operating to impose a duty which may be enforced.

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

@se of the word /%ay0in the statute generally connotes a permissiblething, and operates to confer discretion while the word /s(a''0 isimperative, operating to impose a duty which may be enforced.

3he term $shall% may be either as mandatory or directory dependingupon a consideration of the entire provision in which it is found, itsobject and conseuences that would follow from construing it one way orthe other.

USE OF THE !ORD /MUST0

3he word $must% in a statute like $shall% is not always imperative andmay be consistent with an exercise discretion.

THE USE OF THE TERM /AND0 AND THE !ORD /OR0

$And% means conjunction connecting words or phrases expressing theidea that the latter is to be added or taken along with the first.

$r% is a disjunctive particle used to express as alternative or to give achoice of one among two or more things. &t is also used to clarify whathas already been said, and in such cases, means $in other words,% $towit,% or $that is to say.%

COMPUTATION OF TIME

#hen the laws speak of years, months, days or nights, it shall beunderstood that years are of three hundred sixty five days eachC months


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of thirty daysC days of twenty four hoursC and nights from sunset tosunrise.

&f months are designated by their name, they shall be computed by thenumber of days which they respectively have.

&n computing a period, the first day shall be excluded, and the last dayincluded Art. 06, ?ew 'ivil 'ode1.

A $week% means a period of seven consecutive days without regard to theday of the week on which it begins.

FUNCTION OF THE PRO.ISO

Pro3isois a clause or part of a clause in the statute, the office of which

is either to except something from the enacting clause, or to ualify orrestrain its generality, or to exclude some possible ground ofmisinterpretation of its extent.

/Pro3i*e*0is the word used in introducing a proviso.


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CHAPTER .PRESUMPTIONS IN AID OF CONSTRUCTION AND

INTERPRETATION

PRESUMPTIONS

&n construing a doubtful or ambiguous statute, the 'ourts will presume

that it was the intention of the legislature to enact a valid, sensible andjust law, and one which should change the prior law no further than maybe necessary to effectuate the specific purpose of the act in uestion.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

(aws are presumed constitutional. 3o justify nullification of law, theremust be a clear and uneuivocal breach of the constitution.

3he theory is that, as the joint act of the legislative and executiveauthorities, a law is supposed to have been carefully studied anddetermined to be constitutional before it was finally enacted.

All laws are presumed valid and constitutional until or unless otherwiseruled by the 'ourt.

PRESUMPTION AGAINST IN-USTICE

3he law should never be interpreted in such a way as to cause injustice

as this never within the legislative intent.

#e interpret and apply the law in consonance with justice.

Judges do not and must not unfeelingly apply the law as it is worded,yielding like robots to the literal command without regard to its causeand conseuence.


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PRESUMPTION AGAINST IMPLIED REPEALS

3he two laws must be absolutely incompatible, and clear finding thereofmust surface, before the inference of implied repeal may be drawn.

&n the absence of an express repeal, a subseuent law cannot beconstrued as repealing a prior law unless an irreconcilable inconsistencyand repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTI.ENESS

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

PRESUMPTION AGAINST ASURDITY

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

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

PRESUMPTION AGAINST .IOLATION OF INTERNATIONALLA!

)hilippines as democratic and republican state adopts the generallyaccepted principles of international law as part of the law of the land andadheres to the policy of peace, euality, justice, freedom, cooperation,and amity with all nations. Art. &&, *ec. 4, )hil. 'onstitution1.


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CHAPTER .IINTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

INTRINSIC AIDS

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

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


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CHAPTER .IINTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

INTRINSIC AIDS

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

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

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

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

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

TE5T OF THE STATUTE AS INTRINSIC AID

*ubtitle of the statute as intrinsic aid in determining legislative intent.

PREAMLE AS INTRINSIC AID

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

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


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CHAPTER .IIE5TRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

E5TRINSIC AIDS

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

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

-xtrinsic aids resorted to by the courts are"

+istory of the enactment of the statuteC

pinions and rulings of officials of the government called upon to

execute or implement administrative lawsC

'ontemporaneous construction by executive officers charged withimplementing and enforcing the provisions of the statutes unlesssuch interpretation is clearly erroneousC

Actual proceedings of the legislative bodyC

&ndividual statements by members of congressC and

3he author of the law

ther sources of extrinsic aids are"

eports and recommendations of legislative committeesC

)ublic policyC

Judicial constructionC and

'onstruction by the bar

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


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

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

law.

CHAPTER .IIISTRICT AND LIERAL CONSTRUCTION AND

INTERPRETATION OF STATUTES

GENERAL PRINCIPLES

&f a statute should be strictly construed, nothing should be includedwithin the scope that does not come clearly within the meaning of thelanguage used.

;ut the rule of strict construction is not applicable where the meaning ofthe statute is certain and unambiguous , for under these circumstances,there is no need for construction.

n the other hand, there are many statutes which will be liberally

construed. 3he meaning of the statute may be extended to matters whichcome within the spirit or reason of the law or within the evils which thelaw seeks to suppress or correct.

(iberal interpretation or construction of the law or rules, however,applies only in proper cases and under justifiable causes andcircumstances. #hile it is true that litigation is not a game oftechnicalities, it is eually true that every case must be prosecuted inaccordance with the prescribed procedure to insure an orderly andspeedy administration of justice.

PENAL STATUTES

)enal laws are to be construed strictly against the state and in favor ofthe accused. +ence, in the interpretation of a penal statute, thetendency is to subject it to careful scrutiny and to construe it with suchstrictness as to safeguard the right of the accused.


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

TA5 LA!S

3axation is a destructive power which interferes with the personal andproperty rights of the people and takes from them a portion of theirproperty for the support of the government.

Accordingly, in case of doubt, tax statutes must be construed strictlyagainst the government and liberally in favor of the taxpayer, for taxes,

being burdens, are not to be presumed beyond what the applicablestatute expressly and clearly declares.

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

NATURALI:ATION LA!

?aturali5ation laws should be rigidly enforced and strictly construed infavor of the government and against the applicant.

INSURANCE LA!

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

LAOR AND SOCIAL LEGISLATIONS

!oubts in the interpretation of #orkmenEs 'ompensation and (abor'ode should be resolved in favor of the worker. &t should be liberallyconstrued to attain their laudable objective, i.e., to give relief to theworkman andFor his dependents in the event that the former should dieor sustain in an injury.


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CHAPTER I5PROSPECTI.E AND RETROSPECTI.E STATUTES

GENERAL PRINCIPLES

Prospective statute is a statute which operates upon acts and

transactions which have not occurred when the statute takes effect, thatis, which regulates the future.

Retrospective or retroactive law is one which takes away or impairsvested rights acuired under existing laws, or creates new obligationsand imposes new duties, or attaches new disabilities in respect oftransaction already past.

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

statute or by necessary implication.

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

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

PENAL STATUTES

)enal statutes as a rule are applied prospectively. 8elonies andmisdemeanors are punished under the laws in force at the time of theircommission. Art. 6::, )'1.

+owever, as an exception, it can be given retroactive effect if it isfavorable to the accused who is not a habitual criminal. Art. 44, )'1.


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PROCEDURAL LA!S ARE RETROSPECTI.E

*tatutes regulating the procedure of the 'ourt will be construed asapplicable to actions pending and undermined at the time of their

passage. +owever, ules of )rocedure should not be given retroactiveeffect if it would result in great injustice and impair substantive right.

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

CURATI.E STATUTES

3hey are those which undertake to cure errors and irregularities andadministrative proceedings, and which are designed to give effect tocontracts and other transactions between private parties which otherwise

would fail of producing their intended conseuences by reason of somestatutory disability or failure to comply with some technical reuirement.They are therefore retroactive in their character.


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CHAPTER 5CONFLICTING STATUTES

EFFECT SHOULD E GI.EN TO THE ENTIRE STATUTE

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

whole.

STATUTES IN PARI MATERIA

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

*tatutes inpari materiaare to be construed togetherC each legislative actis to be interpreted with reference to other acts relating to the samematter or subject.

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

GENERAL AND SPECIAL STATUTES

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

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


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

STATUTE AND ORDINANCE

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

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

A general law cannot repeal a special law.

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

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

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

A statute is superior to an administrative circular, thus the later cannotrepeal or amend it.

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

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


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CHAPTER 5ICONSTRUCTION AND INTERPRETATION OF THE

CONSTITUTION

A constitution is a system of fundamental law for the governance andadministration of a nation. &t is supreme, imperious, absolute, andunalterable except by the authority from which it emanates.

@nder the doctrine of constitutional supremacy, if a law or contractviolates any norm of the constitution, that law or contract whetherpromulgated by the legislative, or by the executive branch or entered intoby private persons for private purposes is null and void and without anyforce or effect.

ALL PRO.ISIONS OF THE CONSTITUTION ARE SELF;E5ECUTING" E5CEPTIONS

*ome constitutions are merely declarations of policies. 3heir provisionscommand the legislature to enact laws and carry out the purposes of theframers who merely establish an outline of government providing for thedifferent departments of the governmental machinery and securingcertain fundamental and inalienable rights of citi5ens.

3hus a constitutional provision is self2executing if the nature and extentof the right conferred and the liability imposed are fixed by theconstitution itself.

@nless it is expressly provided that a legislative act is necessary toenforce a constitutional mandate, the presumption now is that allprovisions of the constitution are self2executing.


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&n case of doubt, the 'onstitution should be considered self2executingrather than non2self2executing, unless the contrary is clearly intended.

?on2self2executing provisions would give the legislature discretion to

determine when, or whether, they shall be effective, subordinated to thewill of the law2making body.

PROHIITORY PRO.ISIONS GI.EN LITERAL AND STRICTINTERPRETATION

Duidelines in construction and interpretation of the constitution arestressed"

0. 3he 'ourt in construing a 'onstitution should bear in mind the

object sought to be accomplished by its adoption, and the evils, if any,sought to be prevented or remedied.

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

6. 3he proper interpretation of the 'onstitution depends more on how itwas understood by the people adopting it than the framerEsunderstanding thereof.

THE CONSTITUTIONAL PRO.ISION ON NATURAL;ORNCITI:ENS OF THE PHILIPPINES GI.EN RETROACTI.EEFFECT

@nder 3+- 0


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LIERAL CONSTRUCTION OF ONE TITLE OF ONESU-ECT

A liberal construction of the $one title2one subject% rule has beeninvariably adopted by the court so as not to cripple or impede legislation.

3he title expresses the general subject and all the provisions are germaneto the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE ?CONSTITUION IS NOT GO.ERNED Y ANY FORMALRE#UIREMENT AS TO FORM7 IT CAN E ORAL7 IT CANE !RITTEN7 IT CAN E E5PRESS7 IT CAN E IMPLIED7

SPECIAL PRO.ISION PRE.AILS O.ER A GENERAL ONE

Lex specialis derogant generali

SUPREMA LE5

&t is time2honored that the 'onstitution is the *upreme (aw of the land.&t is the law of all laws. +ence, if there is conflict between a statute and

the 'onstitution, the statute shall yield to the 'onstitution.

STARE DECISIS

3he rule of precedents.

Judicial decisions applying or interpreting the laws or the 'onstitutionshall form part of the legal system of the )hilippines.

CONCLUSION

3he fundamental principle of constituitonal construction is to give effectto the intent of the framers of the organic law and of the people adoptingit.


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CHAPTER 5IIRECENT CASES ON STATUTORY CONSTRUCTION

T(e ter% /%ay0 is in*icati3e o) a %ere ossi2i'ity, an

oortunity or an otion7

An i%'ie* reea' is re*icate* on a su2stantia' con)'ict

2et4een t(e ne4 an* rior 'a4s7

T(e a2ro&ation or reea' o) a 'a4 cannot 2e assu%e*"

t(e intention to re3o+e %ust 2e c'ear an* %ani)est7

!(en t(e 'a4 sea+s in c'ear an* cate&orica' 'an&ua&e,

t(ere is no occasion )or interretation7

Pena' 'a4s %ust 2e construe* strict'y7 Suc( ru'e is

)oun*e* on t(e ten*erness o) t(e 'a4 )or t(e ri&(ts o)in*i3i*ua's an* on t(e 'ain rinci'e t(at t(e o4er o)unis(%ent is 3este* in t(e Con&ress, not in t(e-u*icia' *eart%ent7

!(ere a re@uire%ent is %a*e e6'icit an* una%2i&uous

ter%s, no *iscretion is 'e)t to t(e u*iciary7 It %ust seeto it t(at t(e %an*ate is o2eye*7

Statutes t(at are re%e*ia', or t(at *o not create ne4 orta+e a4ay 3este* ri&(ts, *o not )a''B

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Stat Con (Diaz) - Reviewer #2