Stat Con Midterm Reviewer with residual power to protect the general welfare of

he people
From Book:
Chapter 2: Aids in Interpretation and
Chapter 1: Statutory Construction, Its Concept, Construction
Purpose and Effect
1. Intrinsic Aids – elements found in the law itself
Statutory Construction – an act or process of
discovering and expounding the meaning and  Title – expresses the subject matter; not
intention of the authors of the law with respect to controlling; not much weight
its application to a given case, where that intention  Preamble – states the reasons or the
is rendered doubtful, among others, by the reason objectives of the enactment; cannot enlarge or confer
of the fact that the given case is not explicitly power or cure inherent defect
provided in the law.  Words, phrases and sentences, Context – used
in the statute itself
*Interprets – intrinsic aids; found in the law itself  Punctuation – low degree
 Headings and Marginal Notes
*Construct – extrinsic aids; found outside the law  Legislative Definition and Interpretation
If the law is clear and unambiguous, the court is 2. Extrinsic Aids – facts or matters not found in the
left with no alternative but to apply the same law; resorted only after intrinsic aids have been
according to its clear language. exhausted
3 Cardinal Rules:
 Contemporaneous Circumstances – existing
at the time the law was enacted
1. Verba Legis – ordinary meaning
 Policy – general policy of the law
2. Ratio Legis Est Anima – intent (reason of the
law is the soul of the law)  Legislative History of the statute - in
3. Ut Magis Valeat Quam Pereat – interpretation as transcript of stenographic notes taken during
a whole a hearing, legislative investigation or
legislative debates.
*Judiciary has the delicate task of ascertaining the  Contemporaneous and Practical Construction
significance of a constitutional or statutory – strongest
provision, an executive order a procedural or a  Executive Construction – by the Sec of
municipal ordinance. Justice (Chief Legal Adviser)
 Legislative Construction – great weight but
Ambiguity – doubtfulness, doubleness of meaning, cannot control the court's prerogative
indistinctness or uncertainty of meaning of an  Judicial Construction
expression used in a written instrument. (Black's
Law Dictionary). 3. Presumptions – justified by the rules of logic,
(not only in the meaning of the particular words human experience, good sense and by specific
but also from the general scope and meaning of the provision of law; no need to apply if law is clear.
statute when all its provisions are examined.)
- literal application: can lead to unreasonable,  Presumption of Validity – legislative
unjust or absurd consequences; where the statute is presumed to be wise in deciding or enacting a
in conflict with the Constitution, or where the law
statute would defeat the policy of the legislation.  Presumption of Constitutionality – on
separation of powers and the system checks
Legislative Power and balances
1. Original Legislative Power – sovereign people  Presumption of Good Faith – legislature had
2. Derivative Legislative Power – delegated to the good motives; acted in good faith, patriotic;
legislative bodies; subordinate to the original desire to promote an intention to disregard
power of the people civil and political liberties of the people
 Presumption Against Injustice – in case of
Judicial Power doubt in the interpretation or application of
Traditional: authority to settle justiciable laws, it is presumed that the lawmaking body
controversies intended right and justice to prevail (Art 10,
CC)
Expanded: to determine whether or not there there  Presumption Against Inconsistency – same
has been a grave abuse of discretion amounting to meaning of a word all throughout the statute
lack or excess jurisdiction on the part of any  Presumption Against Absurdity – the courts
branch or instrumentality of the government. have the duty to interpret the law in such a
way to avoid absurd result.
Executive Power  Presumption Against Ineffectiveness
President – Commander-in-Chief; Chief Executive;
  Presumption Against Irrepealable Laws – IV. As to Scope
legislative cannot enact irrepealable laws - General
 Presumption Against Implied Repeals- not - Special
favored; 2 requirements (same subject - Local
matter, and repugnant to the earlier one)
 Presumption Against Violation of Public V. Other Classifications
Policy - Prospective or Retroactive
 Presumption of Knowledge of Existing - Repealing or Amendatory
Laws – legislative bodies is presumed to - Reference or Declaratory
have full knowledge of all existing laws on
the subject. Parts of Statutes
 Presumption of Acquiescence to Judicial 1. Title
Construction -  gives the general statement
 Presumption of Jurisdiction  one subject (prevent hodge-podge or log
 Presumption of Acting within the Scope of rolling legislation; prevent surprise or fraud
Authority upon the legislature and fairly apprise the
 Presumption Against Violation of people of the subjects of legislation that they
International Law may have opportunity to be heard thereon if
so desired) – applicable to laws passed by
Chapter 3: Law, Its Concept and Classification Congress only

Law – a rule of conduct, just and obligatory, laid 2. Preamble – states the reasons or objective of the
down by the legitimate authority for the common enactment
observance and benefit (Sanchez Roman)
3. Enacting Clause – indicates the authority that
Classification of Law promulgated the enactment; not essential
1. Natural Law
2. Positive Law 4. Body – contains the subject matter of the statute
 Physical
5. Proviso – acting as a restraint upon or as a
 Moral
qualification of; “provided”
 Divine
6. Interpretative Clause – legislature defines its own
3. Public Law language or prescribes rules for its construction
4. Private Law
7. Repealing Clause – announces legislative intent to
Sources of Law terminate or revoke another statute/s
1. Legislation
2. Precedent 8. Saving Clause – restricts a repealing act and
3. Custom preserves existing powers, rights and pending
4. Court Decision proceedings from the effects of the repeal
Statutes – enacted by the legislature 9. Separability Clause
Kinds of Statutes
I. As to nature Presidential Issuances
- Penal
 EO, AO, Memorandum Orders,
- Remedial
Memorandum Circulars, General of Special
- Substantive
Orders
- Labor
- Tax
Ordinances – Local Government Code; effectivity 10
days from the date of a copy is posted in the bulletin
II. As to Application
board or in a conspicuous pleace at the provincial,
- Mandatory
city, municipal or barangay hall, at the public market,
- Directory
and/or at the church or chapel.
III. As to Performance
Effectivity of Laws
- Permanent
- publication requirement (Tanada v. Tuvera)
- Temporary
- 15 days following the completion of publication
(OG or of general circulation)
 CASES REVIEW

Case Issue Facts Ruling Stat Con Concept

1. Caltex v. W/N the - Hooded pump contest to - not within the provisions of - particular phraseology
Palomar GR No. promotional scheme estimate actual number of liters postal law - constructed should be
L-19650 is within the - intensive use of mails for - no consideration accorded to no other
prohibitive communication - not even a gift enterprise meaning that than which is
provisions of the - Contention of Palomar consistent with the nature
Postal Law (postmaster general) is it is of the word associated
against Postal Law; promotes therewith
gambling
2. Municipality of W/N the eastern - RA 3753 - No - expression unius est
Nueva Era v. Mun boundary of Marcos - enumerated barangays of -covers only the barangays of exclusion alterius (the
of Marcos GR No. extends to cover Dingras Dingas mentioned in the mention of one thing
169435 portions of N. Era statute implies exclusion of
- refered to the intention of the another thing not
legislative as well which mentioned)
mentioned only Dingras - intent from the whole
statute
3. De Guia v. W/N De Guia's - RA 7166 to hold election of - interpretation of Guia is - spirit and intent of the
COMELEC GR interpretation of RA Sanggunian Members by incorrect law
No. 104712 7166 is correct district, not at large - purpose of RA 7166 in the
explanatory note
- no law is ever enacted that it
is intended to be meaningless
- MM is already apportionated;
by district
4. Freedom from W/N ERC erred in - Meralco filed an application - ERC erred. - requirements are
Debt Coalition v. granting provisional for an increase in rate - ERC has the authority (the procedural in character
ERC GR No. approval on - Opposed by NASECORE and old powers are incorporated in - check on the authority of
161113 Meralco's FDC the new one) ERC: from the whole
application for rate - ERC issued provisional - Abused of discretion for not statute
increase approval without resolving being able to publish the
several motions filed application (requirement);
should also consider comments
from consumers and LGUs
5. CIR v. TMX W/N CIR erred in - Filing of the quarterly income - computation will commence - logical application
Sales GR No. interpreting the tax when the total taxes are paid
83736 basis of computing - application for refund (filing of the Annual Income
the 2-year peiod Tax return and final payment
of income tax) to finally
ascertain if they taxpayer has
still to pay additional income
tax or if even entitled to a
refund
6. Endencia v. W/N Sec. 13 of RA - collection of taxes from - unconstitutional - separation of powers
David GR No. L- 590 is judges pursuant to Sec. 3 of RA - congress violated separation - legislative definition
6355 constitutional. 590 of powers when it interpreted should not usurp judicial
- “payment of which is hereby the statute fxn
declared not to be a diminution
of this compensation fixed by
the Contitution or by law.”

7. United Paracale W/N PD 1214 is - jurisdiction issue - constitutional - law is clear

Mining v. Dela unconstitutional. /
Rosa GR No.
63786
8. Garcia v. SSS W/N Garcia as sole - Impact Corporation ceased - Garcia is liable to pay as per - corporation formed is a
GR No. 170735 surviving director operation applying the SS Law as well as juridical personality
be liable - Union complaint for non the Corporation Law separate and distinct from
payment of SSS premiums the persons comprising it;
but concept cannot be
invoked in the case
9. Morales v. W/N Morales is - Morales served as captain in - No, illegible. - law is clear, apply
Subido GR No. L- eligible to the Chief the city for 3 years - the law is clear and needs no
29658 of Police of Manila. - but no bachelor's degree interpretation
 - Contests the provisions of - requires both educational and
Sec. 10 Police Act 1966 service qualifications
10. Columbia W/N a recent ruling - Search and Seizure of pirated - Fox ruling cannot be applied - Judicial decisions though
Pictures v. CA GR can be applied video tapes (prior surveillance retroactively part of the legal system are
No. 110318 retroactively conducted) of Sunshine Video - promulgation of Fox is in not laws
- contended that before a search 1988 - not an independent source
warrant can be issued the - case at hand was in 1986 of law; evidence of what
mastercopy has to be attached - laws no retroactive effect the laws mean
(as per recent ruling in 20th
Century Fox)

11. Romualdez v. W/N Sec. 5 of RA - Romualdez charged against - not unconstitutional - construe a word in their
Sandiganbayan GR 3019 is Anti-Graft and Corruption Law; - provision is not vague plain and ordinary
No. 152259 unconstitutional. alleged to have intervened meaning; unless with
directly / indirectly on the technical or special
transactions between NASSCO meaning
(GOCC) and BASECO - Congress need not to
(private). define the words
- contended that the word - Lawmakers are untrained
“intervene” is vague philologists and
lexicographers
12. People v. W/N RA 1700 is - Feliciano Co and Nilo Tayag - title of a bill need not be a - expression of the title
Ferrer, GR No. L- invalid that the title were filed a complaint against catalogue if an index of - one subject rule
32163 (1972) did not express full Anti-Subversion Lawmakers contents - valid if it indicates the
contents for the law - Tayag moved to quash as the broad but clear terms the
title of the law encroaches more nature, scope and
than one subject consequences
13. Tatad v. W/N certain - RA 8180 allows for any - Unconstitutional as it sided to - the whole law has to be
Secretary, 281 provisions of RA person or entity to import and monopoly by the three big oil taken down
SCRA 330 (1997) 8180 is purchase any quantity of crude industry - separability clause does
unconstitutional or petroleum products - Contains separability clause; not apply; nullity of one
(Downstream Oil - to have a competitive market but the terms are mutually part will vitiate the rest
Deregulation) - tariff rates are imposed, with a dependent and connected
differential of 4%
14. Tañada v. W/N “unless it is - MR for clarification of the - publication is necessary; - publication is
Tuvera, 146 SCRA provided” provides provision of “unless other “unless other provided” indispensable; to inform
446 (1985) for a waiver of provided” provides for the effectivity of the public of the contents
publication the statute of the laws
15. Philippine W/N the passage of - PNB filed to petition for - law is effective upon - effectivity upon approval
Veterans Bank RA 7169 has assistnace in the liquidation approval - [Premise that the law is
Employee Union v. become effective - PNB Union filed claims for - approved in January 2, 1992 internal in nature?]
Vega, GR No. upon its approval unpaid wages and benefits - published in February
105364 (2001) - RA 7169 was approved 24,1992
(rehabilitation of PNB)
- Judge Vega still continued
liquidation proceedings
16. Songco v. W/N commissions - Zuellig filed to clearance to - Commisions are part of - clear; not room for
NLRC, GR Nos. will be part of the terminate Songco, et al. Songco's wages interpretation
50999-51000 separation pay. - final issue is on the payment - Labor Code defined that - computation of salary
(1990) of separation pay commissions are part of the base should include their
- Labor arbiter – payment for term wage earned sales commissions`
monthly salaries excluding - Wage / salary are used
commissions; NLRC sustained interchangeably
- Nature of work of Songco as
salesman; helps in increasing
the sales of Zuellig
- entitled to inclusion of
commissions
17. Bolos v. Bolos, W/N AM No. 02- - Cynthia filed annulment - No. covers only marriages - law is clear
GR No. 186400 11-10-SC is - Danilo upon receipt of the celebrated during the FC and
(2010) applicable to copy of the decision timely after March 15, 2003
marriages filed a Notice of Appeal; denied - rule is clear in its scope
solemnized before for failure to file MR as per (Section 1)
FC. AM-11-10-SC
18. Municipality of W/N Proc. 164 is a - Proc. 1716 (issued by FM) - Proc. 164 is not a valid - separation of powers
San Juan v. CA, valid exercise of reserving parcels of land for exercise of legislative power - clear usurpation of
GR No. 125183 legislative power Municipal Government Center - Congress has convened legislative power by the
(1997) Site already in July 26, 1987 executive branch
- October 6, 1987, Proc. 164 - provisions of the Freedom
was issued by Cory to reverse Constitution
Proc. 1716.
19. Manila Prince W/N MHC is a - Sell by GSIS of 51% shares of - Sec. 10(2) Article XII is - referred to the cultural
Hotel v. GSIS, GR national patrimony; MHC mandatory; self-executing and significance of MHC
No. 122156 (1997) W/N Sec. 10(2) - bidders were Renong and - patrimony refers to heritage; - referred to the Filipino-
Article XII of MPH; MPH matched the offer MHC is a national patrimony first policy
Constitution is self- of Renong
executing - Contended that MHC is
national patrimony, therefore
Filipino-first policy is applied
20. Sps. Pascual v. W/N Sps. - parcel of land owned by Sps. - Yes, the written notice is not - law is speaks in clear and
Sps. Ballesteros Ballesteros have the Melecio, Sps. Melchor and Sps. complied (Article 1623). categorical language;
GR No. 18626 right for legal Mariano - Not yet prescribed therefore no interpretation
(2012) redemption. - upon the dealth of Sps. - Although with actual is necessary
Melchor – inherited by knowledge, but written notice
daughter Lorenza Ballesteros is required by law (mandatory)
- widow Mariano and children
sold their share to Sps. Pascual
and Francisco
21. Cecilleville W/N Hermigildo - Original tenant was Sotero - No, there is no tenancy - application of law to its
Realty v. CA GR has the right to a Pascual relationship between plain and obvious meaning
No. 120363 (1997) home lot and house - Landlord is Jose Resurrecion, Hermigildo and Jesus. - intent of the law is to
in the landholding president of Cecilleville - Right to house and home lot afford adequate protection
- Upon Sotero's death, is only for the tenant of rights of both tenants
succeeded by his wife Ana - Hermigildo is just part of the and landholder; division of
- Ana is being helped by his son household of Ana; not a tenant produce and income;
Hermigildo in the cultivation of agricultural production
the land
22. Globe-Mackay W/N Salazar was - Salazar was accused to sign - Salazar was illegally
Cable v. NLRC illegally dismissed documents as witness to a dismissed
GR No. 82511 and entitled to partnership between Saldivar - Labor Code provides for
(1992) reinstatement and and a supplier of GMC. reinstatement and payment of
backwages - report by Maramara (internal backwages
auditor); released after
resignation of Saldivar
- Preventive suspension was
issued, the later on dismissed
23. National W/N petition is - petition for a revival of - Art. 13 of CC application - change in the provisions
Marketing Corp v. already barred by judgment; filed December 21, - 1960 and 1964 are leap years can be done through
Tecson GR No. L- prescription 1965 - petition is 2 days late legislation
29131 (1969)* - judgment rendered in
December 21, 1955
- 10-year prescription

24. Tabao v. Judge W/N Judge Espina - Judge Espina granted bail to a - No, he is liable - court rejected a plea that
Espina AM-RTC- is relieved from the criminal case (Dangerous - dismissed from service; there was room for another
96-1348 (1996)* administrative Drugs) without giving retirement benefits were interpretation
complaints. prosecution a chance to present forfeited - ruled that Espina failed to
evidence exhibit the objectivity
- Judge Tabao referred to a required by members of the
ruling in People v. Simon bench
25. People v. W/N the preamble - Consolidation of 26 petitions - Yes, the preamble clearly - reference to the preamble
Purisima GR No. can be referred to in - Purisima and 2 more judges; indicated the intent and spirit of the statute to discover
42050 (1978) interpreting PD No. dismissal of violations against of the decree; justifies the the intent
9 PD No. 9 promulgation of the statute and
- OSG contends the the stiff sanction
interpretation of the judges
26. City of Baguio W/N the petition is - institution of the Director of - Yes, reckoning date was - title is in capital letters
v. Marcos GR filed within the 40- Lands on the reopening of based on the provisions of the - equal importance with
26100 (1969) day prescription cadastral proceedings (April 12, title Section 1
period. 1912) - title of the act is clear - title is indicative of
- decision was rendered on - legislative intent
November 13, 1922
 - peition of Belong Lutes on
July 25, 1961
- Dispute is on the basis of the
title or Section 1 of the statute
27. Ebarle v. W/N EO 264 can be - Ebarle, provincial governor of - No, EO 264 is only exclusive - title speaks of the
Sucaldito GR L- applied on the Zamboanga, candidate for re- on administrative complaints commission of
33628 (1987) criminal charges election - only to erring officials or irregularities
against Ebarle - Criminal cases were filed employees
against him
- contends that complainants
failed to comply with
provisions of EO 264
28. Paras v. W/N recall election - petition for recall against - No, to include SK election - general intent of the
COMELEC GR is a violation of Paras will unduly circumscribe the whole enactment
123169 (1996) LGC (RA 7160) - he contended that recall is Code for there will never be a - spirit rather than the letter
barred as SK is upcoming – a recall election
regular local election
29. Nestle W/N administrative - Increase of authorized capital - Yes, SEC's interpretation - Contemporaneous
Philippines v. CA interpretation of stock of Nestle should be given more weight construction by whose duty
GR 86738 (1991) SEC be given more - request for exemption from is to execute it
weight. registration requirement - considered experts in the
field
- Usually are drafters of the
law they interpret
30. People v. W/N the Manantan - Judge Manantan charged for - No, review of history of the - Legislative history
Manantan GR L- is excluded being a violation of Revised Election law revealed that justice of
14129 (1962) justice of peace. Code peace is included.
- Claims that he is not included - it did not intent to exempt the
in the provisions ot the law as said officer from its operation,
he is justice of peace rather considered in the
broader term “judge”
31. Commissioner W/N vessels - Tariff and Customs Code - No. there is a change in - Change in Phraseology
of Customs v. CTA berthing in Iligan - First definition: “any port” phraseology; indicates the (under legislative history)
224 SCRA 665 Bay Express can be - Amended: “national port” legislative intent to change the - change in the law was
(1993) charged with meaning of the provisional intended
berthing fees.
32. Halili v. CA W/N the sale of the - Original owners were - Yes, the defect in the initial - Objective of the
GR 113539 (1998) land to Cataniag is Americans contract was cured Constitution has been
valid - Deed of quit-claim to son who served
is also American then sold the
land to Cataniag, a Filipino
33. Osmena v. W/N RA No. 6646 - RA 6646 is a ban on political - Yes, there is no suppression - SC made reference to
COMELEC GR (prohibition of mass advertising has not only failed only regulation historical background and
132231 (1998) media...) is valid. to level the poor candidates by - part of the package in the realities
depriving them of a medium previous laws
which they can afford to pay for - Several attempts for
amendment in the past
34. Arroyo v. De W/N the law is - question of Rep. Arroyo - No, rules violated wre just - SC made reference to the
Venecia GR invalid for violation - contended that he was ignored internal and not the transcript of the
127255 (1998) of internal rule. by the Speaker constitutional requirements for proceedings of the H of
the enactment of laws Rep
35. Estrada v. W/N Estrada is still - Estrada's impeachment and - No. He showed elements of - Contemporaneous
Omb. Disierto GR the president. leaving the Palace valid resignation (intent and Circumstances
146710-15 (2001) act of relinquishment)
36. Aldovino Jr. v. W/N preventive - Asilo is already on his third - No, it does not interrupt
COMELEC GR suspension term as city councilor in - Indicator of the suspended
184836 interrupted the Lucena official's continuity: no
three-year term rule. - issued a 90-day suspension permanent replacement and
but then lifted lack of authority to appoint as
- filed another candidacy there is no vacancy
37. Agabonv. W/N the petitioners - Employed by Riviera Home - The cause of dismissal was - Contemporaneous
NLRC 442 SCRA were illegally as gypsum and cornice valid but the due process Circumstance / Prevailing
573 dismissed installers requirement was not complied Circumstances
- dismissed for abandonment of (written notice informing the
work grounds for termination as well
 - ordered payment of money as opportunity to be heard)
claims - Money claims were given
38. People v. W/N RTC has - case of reckless imprudence - Cognizance of the case must - Presumption of absurdity
Malabanan GR L- jurisdiction over the (multiple serious physical not only be determined by the - Duty of the courts to
16478 (1961) case injuries and property damage) penalty for the PI but by the interpret the law in such a
- filed at the CFI; CFI has fine imposable for the damage way to avoid absurd
jurisdiction over the PD to property results.
- Justice of Peace; over BI
39. US v. Soliman W/N the enactment - Soliman was found guilty of - Repeal of a law which has - Repeal of Laws
36 PHIL Reports 5 of Administrative perjury repealed a previous law by
Code repealing Act implication, revives the prior
No. 1697, relieved law, unless otherwise provided
Soliman of his
penalties against
perjury.
40. Manila Lodge W/N the sale of the - Act No. 1360, authorized City - Yes, land is public dominion - Presumption of
No. 761 v. CA L- land is null and void of Manila to reclaim a portion - Disposal of the land requires Knowledge of Laws
41001 (1976) of Manila Bay legislation
- City of Manila sold the land to
Manila Lodge 761, which them
sold it to TDC.
- City of Manila filed to
reannotation of its right to
repurchase