Statutory Construction Chapter 10

8/9/2019 Statutory Construction Chapter 10

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CHAPTER 10 CONFLICTING STATUTES

EFFECT SHOULD BE GIVEN TO ENTIRE

STATUTE

When an earlier chapter contradicts

a proision!s"ction in a later

chapter of the statute Theory: it #as "nact"d as an

int"$rat"d measure and not as a

hodge-podge of conicting provisions Construction that would render

provision inoperative: avoided

Inconsistent provisions should be

reconciled whenever possible as parts

of coordinated and harmonious whole

IN PARE %ATERIA • Statutes relate to sa&" s'()"ct

&att"r/ same class of persons or

things/ same purpose or obect• Constr'"d to$"t*"r ! interpreted

with reference to other acts relating

to same subect• If it cannot be reconciled" stat't" o+

,at"r dat" pr"ai,s

GENERAL AND SPECIAL STATUTES •

Statutes treating subect in generalterms # another treating part of the

same subect in particularly detailed

manner: give e$ect to both if

possible% if irreconcilable ! $"n"ra,

stat't"s $i" #a- to

sp"cia,!partic',ar proisions as an

e&ception to general provisions• 'nless: general statute manifests

intent to repeal or alter special law

STATUTE . ORDINANCE • If can stand together" e$ect given to

both( If not ! ordinanc" &'st $i"

#a-


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In cas" o+ con/ict ("t#""n t*" pr"io's

artic," and ,at"r artic," t*" ,att"r #i,,

pr"ai,

Va,"ntina N'n" s H"irs o+ L"oni,o

N'n"

• )eonilo *une+ obtained , loans from

SIS .01 and mortgaged property

and land• .02 ! ban3 loan matured .0 !

ban3 undertoo3 e&traudicial

foreclosure• 4an3 highest bidder

*une+ argued ! Artic," 1121 and

1123 Cii, code ! loans matured

.02" 10 -"ars *as pr"scri("d• ISS'5: W/* foreclosing of mortgages

prescribed• 65S ! ban3 contends ..7. is

applicable only but court says 1123

is "4c"ption of ..7.( .8 years has

prescribed( 9etition granted

5*"n""r t#o stat't"s o+ di6"r"nt

dat"s and o+ contrar- t"nor ar" o+ "7'a,

t*"or"tica, app,ication to a partic',ar

cas" t*" stat't" o+ ,at"r dat" &'st

pr"ai, ("in$ a ,at"r "4pr"ssion o+

,"$is,ati" #i,,

PNB s Cr'

• .28 ! ggregate ;ining 5&ponents

laid o$ 08? of wor3 force(

@ept ,8? but did not pay them wages• )abor rbiter rendered decision in

favour of wor3ers ! *)AC aBrmed

decision

9*4 contends rticle ..8 must be

read with 7.-7D of civil code

concerning classiEcation"

concurrence" and preference of

credits( 110 do"s not p'rport to

cr"at" ,i"ns in +ao'r o+ #or8"rs

ISSUE; 5!N Artic," 110 app,i"s in

cas"

• 65S: ..8 ! wor3er preference in case

of ban3ruptcy ! #or8"rs s*a,, "n)o-

s*a,, not

pr"ai, a$ainst 110? *o e&ceptions

stated in ..8• )abor code signed into law decades

after civil code

A sp"cia, ,a# pr"ai,s o"r a $"n"ra,

,a# r"$ard,"ss o+ t*"ir dat"s o+

passa$" and t*" sp"cia, ,a# is to ("

consid"r"d as r"&ainin$ an "4c"ption

• .22" Fice ;ayor and 9residing

GBcer" City council of ;anila

submitted to Civil Service commission

s'(&itt"d appoint&"nts of .


3/12

to t*" $"n"ra, ,a#

Hon? Lop" s Cii, S"ric" Co&&ission

oBcers and employees pursuant to

sec .D RA 20: ! Board appoints

V% si$n appoint&"nts

• City 4udget oBcer of ;anila sought

comment from %a-or +or pa-ro,, to

(" paid

)egal oBcer rendered opinion !

appointin$ o@c"r is %a-or not

co'nci,

Commission ! *",d Cit- co'nci, *as

appointin$ po#"r

• ISS'5: W/* City Council still has

power to appoint under A 78 or on

City mayor under A D.2D• 20: = sp"cia, ,a#% A D.2D 49 4)

,,0 ! general laws

Sp"cia, ,a# "4c"ption to $"n"ra,

,a#

A sp"cia, ,a# &'st (" int"nd"d to

constit't" an

"4c"ption to t*" $"n"ra, ,a# in t*"

a(s"nc" o+ a sp"cia, circ'&stanc"s

+orcin$ a contrar- conc,'sion

Nationa, Po#"r Corporation s 'd$"

RTC 10

.27- 9rovince of ;isamis Griental

Eled complaint ! ATC ! co,,"ction o+

r"a, prop"rt- and sp"cia,

"d'cation +'nd ta4 11% +ro&

Napocor

• *apocor Eled ;H ! co'rt *as no

)'risdiction under PD 323 1:

disp't"s o+ $o"rn&"nt a$"nci"s

s"tt,"d (- SO ! ATC denied

9H 717 ! real property ta& code !

&a- (" "n+orc"d (- an- cii,

action in co'rt o+ co&p"t"nt

)'risdiction

• J5)H: 7 ! general law

% 717 !

special law

Sp"cia, ,a# and o+ ,at"r

"nact&"nt p"tition dis&iss"d

5*"n Co'rts ar" con+ront"d #it*

appar"nt,- con/ictin$ stat't"s t*"-

s*o',d not d"c,ar" o'tri$*t t*"

ina,idit- o+ on" a$ainst t*" ot*"r ('t

s*o',d "nd"ao'r to r"conci," t*"&

• 6ambao owned drugstores

• San S"(astian dr'$stor"

s'sp"nd"d (- FDA for buy bust

operations of valiums• KH allowed drugstore to operate

again" %a-or did not #ant


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Hon? Ric*ard Gordon s 'd$" V"ridiano

II

• 6ambao Eled for mandamus"

damages" change of location• C*an$" o+ ,ocation appro"d (-

FDA? ;ayor suspended license

ISSUE; Po#"r to $rant and r"o8"

,ic"ns"s

• J5)H: ;ayor acted invalidly in

revo3ing mayors permit% competent

for suspension of nd mayors permit(

A sp"cia, and ,oca, stat't" app,ica(," to

a partic',ar cas" is not r"p"a,"d (- a

,at"r stat't" #*ic* is $"n"ra, in its

t"r&s proisions and app,ication ""n

i+ t*" t"r&s o+ t*" $"n"ra, act ar"

(road "no'$* to inc,'d" t*" cas"s in

t*" sp"cia, ,a# 'n,"ss t*"r" is &ani+"st

int"nt to r"p"a, or a,t"r sp"cia, ,a#

Proinc" o+ %isa&is Ori"nta, s

Ca$a-an E,"ctric Po#"r Co

.1" C59)CG granted franchise

under A ,70" D08" 188 said

+ranc*is" ta4 o+ o+ $ross

"arnin$ s*a,, (" in ,i"' o+ a,,

ta4"s and ass"ss&"nt

• .0," )ocal Ta& Code 9H ,.

proinc" &a- i&pos" a ta4 on

('sin"ss"s "n)o-in$ +ranc*is"• 9etitioner enacted R""n'"

Ordinanc" 1: ! demanded payment

of provincial franchise ta& from

C59)CG• Kiscal favoured 9rovince" Secretary of

Kinance favoured C59)CG• ISS'5: W/* corporation whose

franchise e&pressly provided that

payment of franchise ta& shall be in

lieu of all ta&es((L Is e&empt from

paying provincial franchise ta&• 65S: no proision in PD 31

e&pressly or impliedly repealing A

188(CEPALCO RAs ar" sp"cia, ,a#

#*i," PD 31 is $"n"ra, ,a#

• 9etition denied

It is a #",,=s"tt,"d r'," t*at a

s'(stanti" ,a# cannot (" a&"nd"d (-

proc"d'ra, ,a#

PNB s Hon? As'ncion

• 9*4 granted credit accommodations

to Kabar Inc( ! ;anuel 4arredo"

4orromeo " Mose 4arredo• Kailure to pay ! 9*4 Eled case for

collection against 7 respondents• ;anuel 4arredo died- ATC dismissed

case citing Section 1" Aule 21"

Aevised rules of court ! money claim

suit does not survive death ! claim

Eled against decedent• ISS'5: entire case against 7 can be

dismissed by death of .


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• *G: article ..1 of *ew Civil Code !

in case of death of . solidary debtor"

creditor may proceed against

surviving solidary debtors without

necessity of Eling claim in estate of

deceased• If rule 21 ta3en literally" it would in

e$ect repeal ..1• Aule 21 cannot amend/repeal rule

..1

A $"n"ra, ,a# cannot r"p"a, a sp"cia,

,a#

PP s Hon Pa,&a

• Aomulo ;orada" .0" charged with

vagrancy by *aga City KiscalNs oBce• Mudge dismissed case ! court has no

urisdiction to continue to ta3e further

congni+ance of this case - Muvenile• 9rosecution contends ! urisdiction

over .1 and under . remains withr"$',ar co'rts and not impliedly

transferred to Muvenile Court• Issue: 5!N iss'anc" o+ PD J0

-o't*+', o6"nd"rs :=31 trans+"r

cas" +ro& r"$',ar co'rts to

)'"ni," co'rt

• *o: A 1D. ! Camsur Muvenile and

Homestic Aelations court ! accused

under .1• 9H 18,- Child 6outh Welfare Code !

youth O -.

PDJ0 $"n"ra, ,a#K RA J>:1=

sp"cia, ,a#

• Hismissal orders set aside

In cas" o+ con/ict ("t#""n a $"n"ra,

proision o+ a sp"cia, ,a# and a

partic',ar proision o+ a $"n"ra, ,a#

t*" ,att"r s*o',d pr"ai,

Cit- o+ %ani,a s G"naro T"otico

• enaro Teotico fell inside uncovered

manhole in 9( 4urgos ve" and his left

eyelid was pierced• Teotico Eled complaint for damages

against city" mayor" engineer" city

health oBcer" chief of police• CKI decided in favour of defendants(

C same" e&cept city of manila havingto pay 10D8

• ISS'5: W/* Section 7 A 78 or

rticle .2 of Civil code applies• S5C 78: city shall not be liable for

damages arising from failure of

mayor" etc(" to enforce or from

negligence


6/12

• rticle .2: provinces" cities"

municipalities" liable for damages by

reason of defective conditions of

roads" streets" etc(• rticle .2 applies( 78 !

enforcement% .2 ! speciEcally !

defective conditions of roads

5*"n t*"r" is irr"conci,a(,"

r"p'$nanc- ("t#""n a proiso and t*"

(od- o+ t*" stat't" t*" +or&"r pr"ai,s

as ,at"st "4pr"ssion o+ ,"$is,ati" int"nt

Isidro Ar"nas s Cit- o+ San Car,os

• Mudge renas to pay his salary

di$erential ! citing A D10

which provides basic salary of udges

of nd and ,rd class cities ! 9.2888• CKI dismissed petition

• J5)H: 9rovided" that salary of city udge shall be at least one hundrer

pesos per month less than that of city

mayorL• It is clear from deliberation of Senate"

salary of city udge should not be

higher than slary of city mayorL• 9urpose of proviso is to limit the

general language of statute

5*"n""r t*"r" is a con/ict ("t#""n

an ordinanc" and a stat't" t*"

ordinanc" &'st $i" #a-

Pri&icias s %'nicipa,it- o+ Pan$asinan

• 9rimicias violated ;unicipal

Grdinance *o( ," Series of .17" for

overta3ing a truc3• Criminal case Eled against 9rimicias

• 9rimicias initiated action for

annulment of ordinance with prayer

for issuance of preliminary inunction• CKI rendered decision holding

ordinance was null and void" repealed

by RA 21J

ISSUE; 5!N Ordinanc" No? is

a,id

• ppellants contend ordinance is valid

being patterned after and based onct ,

• ct , has been superseded by A

7.,1 with e&plicit repeal of ,• Grdinance *o( , must be determined

vis-P-vis by mother statute 7.,1• Whenever there is conict between

ordinance and statute" ordinance


7/12

must give way• Hecision aBrmed

5*"r" a sp"cia, stat't" r"+"rs to a

s'()"ct in $"n"ra, #*ic* t*" $"n"ra,

stat't" tr"ats in partic',ar t*"

proision o+ t*" ,att"r in cas" o+

con/ict #i,, pr"ai,

Hon? Ba$atsin$ %a-or o+ %ani,aM s

Hon? Ra&ir"

• Grdinance 0D enacted" ;ayor

4agatsing approved• Kederation of ;anila Fendors" Inc(

Eled complaint to nullify ordinance

0D ! publication reQuirement under

the revised charter of the City of

;anila• Mudge declared ordinance 0D null

and void• 9etitioners contend ! only a post

publication is reQuired by )ocal Ta&

Code• ISS'5: W/* Aevised Charter of ;anila

or )ocal ta& code applies•

Aevised Charter is special act !spea3s about ordinance in general

• )ocal ta& code is general ! spea3s of

ordinances levying or imposing ta&es"

fees" or other charges• )ocal ta& code prevails

Ordinanc" s*o',d not contra"n" a

stat't"? In cas" o+ con/ict ("t#""n an

ordinanc" and a stat't" t*" ,att"r #i,,

pr"ai,

%a-or %a$ta)as s Pr-c" Prop"rti"s

Corp Inc?

• ;ayor of CHG enacted Grdinance ,7D

and ,,0D-,: prohibiting issuance

and cancelling business permit to any

establishment for using and allowing

a portion for casino operation%

prohibiting casino operation• 9ryce assailed ordinances( C

declared ordinance invalid• 9etitioners argue ! Section .1 of )ocal

overnment code: Sangguniang

9anlungsod may prohibit the

operations of Casino because it is

detrimental to people• ISS'5: W/* Grdinances are valid

• *o( )ocal government can prohibit

gambling e&cept those allowed by

statutes li3e 9(H .21 whichcentrali+es and regulates all games of

chance• 3inds of gambling" legal and illegal


8/12

It is a (asic r'," in stat'tor-

constr'ction t*at t*" "nact&"nt o+ a

,at"r ,"$is,ation #*ic* is a $"n"ra, ,a#

cannot (" constr'"d to *a" r"p"a,"d a

sp"cia, ,a#

La$'na La8" D"",op&"nt A't*orit- s

CA

• )aguna )a3e Hevelopment uthority

created under A 72D8" have the

e&clusive urisdiction to issue permit

for use of all surface water for any

proects or activities in or a$ecting

the la3e regions• A 0.18 ! )ocal overnment Code !

gave municipal governments the

e&clusive urisdiction to issue Eshing

privileges within their municipal water• ;unicipal governments assumed

authority to issue Eshing privileges• uthority on Eshpen +oning served

notice to Eshpen owners to dismantle• Gwners Eled inunction - uthority

Eled ;H

• C dismissed the authorityNs petitions• ISS'5: W/* laguna la3e or

;unicipalities should e&ercise

urisdiction over )aguna la3e• A 72D8 ! )aguna )a3e ! special law

• A 0.18 ! local government ! does

not contain any e&press provision

which repeals charter of uthority• Charter of uthority prevails over

local government code• 9etition ranted

It is ","&"ntar- in stat'tor-

constr'ction t*at an ad&inistrati"

circ',ar cannot s'p"rs"d" a(ro$at"

&odi+- or n',,i+- a stat't"? A stat't" is

s'p"rior to an ad&inistrati" circ',ar

t*'s t*" ,att"r cannot r"p"a, or a&"nd

it

'd$" L"-n" s COA

• Mudge )eynes of ATC ;indoro received

AT from SC R allowance from )ocal

ov • uditor Halisay directed Sangunihang

4ayan to stop giving AT pursuant to

*CC 10 ! *o AT from more than

one source• ISS'5: w/n ;unicipality can validly

provide AT in addition to SC AT• 6es( *CC 110 cannot repeal A 0.18

• A 0.18 ! )ocal government can

grant allowance and beneEts to

udges in their territory

5*"r" t*" instr'&"nt is s'sc"pti(," to

t#o int"rpr"tations on" #*ic* #i,,

• )im Eled eectment case on Hy for

failure to vacate premises


9/12

&a8" it ina,id and i,,"$a, and anot*"r

#*ic* #i,, &a8" it a,id and ,"$a, t*"

,att"r int"rpr"tation s*o',d (" adopt"d

Li& s CA

• Case was settled through

compromise: Hy can rent for as long

as he can pay% 8? increase every ,

yearsL• )im Eled another eectment suit ! )im

did not want to renew contract• ATC dismissed case

• ISS'5: w/n contract of lease" lessee

has sole power to determine

continuance• *G( if term for a long as he can

payL is applied how ATC applied it

will result in situation where

continuation and e$ectively depends

upon will of lessee

In cas" o+ con/ict ("t#""n an

ad&inistrati" ord"r and proisions o+constit'tion t*" ,att"r pr"ai,s

D"part&"nt o+ A$rarian R"+or& Ponc"M

s S'tton

• Aespondent made FGS of their land to

HA to avail of incentives

• Comprehensive grarian Aeform )aw

too3 e$ect ! included coverage farms

used for livestoc3" poultry swine• Aespondents Eled with HA formal

reQuest to withdraw their FGS• HA issued G ! retention limits

• HA secretary issued order partially

granting application for e&emption

from coverage of CA) ! applying ao

limits• Aespondents contends ! whole land

should be e&empted• Issue: w/n HA G is

unconstitutional• 65S( G ! regulate livestoc3 farms

by including them in coverage of

agrarian reform• Jowever ! .20 Consti show clear

intent to e&clude all lands e&clusively

devoted to livestoc3" swine" and

poultry raising

R"stat"&"nt o+ R'," • It is presumed that legislature" in

drafting and enacting statute" had full

3nowledge and too3 full cogni+ance of

all e&isting laws on the same subect


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• Courts should endeavour to reconcile

the same• Jarmoni+e if possible ! handiwor3 of

same legislatureCHAPTER 11 COSNTRUCTION AND

INTERPRETATION OF THE CONSTITUTION

5*at is a constit'tion • System of fundamental law for

governance and administration of a

nation• It is supreme" imperious" absolute"

unalterable• Kundamental and paramount law of

nation• Supreme law to which all laws and

contracts must conform to

A,, proisions o+ t*" constit'tion ar"s",+="4"c'tin$K "4c"ptions

• If provision is complete in itself andbecomes operative without the aid of

supplementary or enabling

legislation" or that which supplies

suBcient rule by means of which the

right it grants may be enoyed or

protected" is self-e&ecuting• Self-e&ecuting if the nature and

e&tent of the right conferred and the

liability imposed are E&ed by the

constitution itself• In case of doubt" constitution should

be considered self-e&ecuting rather

than not

Pro*i(itor- proisions $i"n ,it"ra, and

strict int"rpr"tation

• In construing the constitution: should

bear in mind the obect sought to be

accomplished by its adoption and the

evils" if any" sought to be prevented• *ot one provision of the constitution

is to be separated from all the others"

to be considered alone" but that all

the provisions bearing upon a

particular subect are to be broughtinto view and to be interpreted as to

e$ectuate the great purposes of the

instrument• Aesorting to debates and proceedings

of ConCom mauy be had only when

other guides fails• 9roper interpretation depends more


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on how it was understood by the

people adopting it than the framers

understanding thereof

T*" constit'tiona, proision on nat'ra,

(orn citi"ns o+ t*" P*i,ippin"s $i"n

R"troacti" E6"ct

• .0, Consti ! those born of Kilipino

father and those born of Kilipino

mothers with an alien father are both

considered natural-born citi+ens• Constitutional provision is curative in

nature

T*" Constit'tion &'st (" constr'"d in

its "ntir"t- as on" sin$," doc'&"nt

•

Li("ra, Constr'ction o+ on" Tit," On"

S'()"ct R',"

• A 010D ! ct Converting ;unicipality

of ;andaluyong into a Jighly'rbani+ed City to be @nown as the

City of ;andaluyong• topics ! Conversion to city #

division of congressional district• *atural and logical conseQuence of

conversion

R"si$nation o+ t*" Pr"sid"nt 'nd"r t*"

1: Consti is not $o"rn"d (- an-

For&a, r"7'ir"&"nt as to +or&? It can

(" ora,? It can (" #ritt"n? It can ("

"4pr"ss? It can (" i&p,i"d

• 5lements: intent to resign% intent

coupled by acts

T*" on"=-"ar r"sid"nc- r"7'ir"&"nt +or

Con$r"ssiona, Candidat" 'nd"r S"c J

Artci," VI o+ t*" Constit'tion Li("ra,,-

and E7'ita(,- constr'"d to $i" +',,"st

"6"ct to t*" %ani+"st 5i,, o+ t*" P"op,"

• Kernande+ vs JA5T

Sp"cia, Proisions pr"ai, o"r a

$"n"ra, on"

• FK

T*" po#"r to pro&',$at" r',"s o+p,"adin$ practic" and proc"d'r" is

no# t*" Co'rts "4c,'si" do&ain and is

no ,on$"r s*ar"d (- t*is Co'rt #it*

Con$r"ss &'c* ,"ss E4"c'ti"?

•

SIS CS5 ! wants e&emption frompayment of legal fees• Aules of Court was promulgate in the

e&ercise of the CourtNs rule-ma3ing

power( It is essentially procedural in

nature as it does not create" diminish"

modify substantive rights

SUPRE%A LE Star" D"cisis


12/12

• Constitution is supreme law of landN

when there is conict between

statute and constitution" the statute

shall yield to the constitution• If inconsistent with Constitution" it is

void

Mudicial decisions applying or

interpreting laws or the Consti shall

form part of the legal system of the

9hilippines

Documents

Statutory Construction Chapter 10