CHAPTER ONE: Statutes • Delegated power 

• Issue rules and regulations to implement a specific
IN GENERAL law

Laws, generally Congress legislative power 

• A whole body or system of law • Th
Thee dete
determ
rmin
inat
atio
ion
n of thethe le
legi
gisl
slat
ativ
ivee poli
policy
cy an
and
d it
itss
• Ru
Rule
le of cocond
nduc
uctt fo
form
rmululat
ated
ed an
and d ma
made
de obli
obliga
gato
tory
ry by formulation and promulgation as a defined and binding rule
legitimate power of the state of conduct.
• Inc
Includ
ludes
es RA, PD, EO (pr (presi
esiden
dentt in the ex of leg
legisl
islati
ative
ve • Legislative power - plenary except only to such limitations
 power), Presidential issuances (ordinance power) as are found in the constitution
Jurispruden
Jurisprudence,
ce, ordin
ordinances
ances passed by sanggu
sanggunians
nians of local
government units. Procedural requirements, generally
• Provided in the constitution (for Bills, RA)
Statutes, generally • Provided by congress – enactment of laws
• An acactt of lelegi
gisl
slat
atur
uree (Phi
(Phili
lipp
ppin
inee Co
Comm
mmisissi
sion
on,, Ph
Phil
il..  Rules of both houses of congress (provided also by tthe
he
Legislature, Batasang Pambansa, Congress) Constitution)
• PD’ss of Mar
PD’ Marcos
cos durin
duringg the perio
periodd of marti
martial
al law 1973
Constitution Passage of bill
• EO of Aquino revolutionary period Freedom Constitution • Proposed legislative measure introduced by a member of
congress for enactment into law
 Public – affects the public at large • Shall embrace only one subject which shall be expressed in
• general – applies to the whole state and operates the title
throughout the state alike upon all people or all of • Singed by authors
a class. • File with the Secretary of the House
• Special – relates to particular person or things of a • Bills may originate from either lower or upper House
class or to a particular community, individual or • Exclusive to lower house
thing.
 Appropriation
• Local Law – operation is confined to a specific
 Revenue/ tariff bills
 place or locality
locality (e.g municipal ordinanc
ordinance)
e)
 Bills authorizing increase of public debt
 Private – applies only to a specific person or subject.  Bills of local application
 Private bills
Permanent and temporary statutes
• After 3 readings, approval of either
either house (see Art 6 Sec 26
• Permanent
Perma nent - one whose opera
operation
tion is not limited in durat
duration
ion
(1))
 but continues until repealed.
repealed.
• Secretary reports the bill for first reading
• Temporary - duration is for a limited period of time fixed in
the statute itself or whose life ceases upon the happening of • First reading – reading the number and title, referral to the
an event. appropriate committee for study and recommendation
o E.g. statute answering to an emergency • Committe
Comm itteee – hold public hearings and submi submits
ts
report and recommendation for calendar for second
Other classes of statutes reading
• Prospective or retroactive – accdg. to application • Second
Sec ond rea
readin
dingg – bill
bill is rea
read
d in ful
fulll (wi
(with
th ame
amendm
ndment
entss
 proposed by the committee) – unless copies are distributed
• Declarat
Decl aratory,
ory, curat
curative,
ive, manda
mandatory,
tory, direc
directory,
tory, subst
substanti
antive,
ve,
and such reading is dispensed with
remedial, penal – accdg. to operation
o Bi
Bill
ll will
will be subj
subjec
ectt to deba
debatetes,
s, moti
motion
onss an
and
d
• According to form
amendments
o Affirmative
o Bill will be voted on
o
 Negative o A bill approved shall be included in the calendar of
Manner of referring to statutes  bills for 3rd reading
• Publicc Acts – Phil Commis
Publi Commission
sion and Phil Legisla
Legislature
ture 1901- • Th
Thir
ird
d re
read
adin
ing
g – bill
bill ap
appr
proved on 2nd  rea
oved readin
ding
g will
will be
1935 submitted for final vote by yeas and nays,
• Commonwealth Acts – 1936- 1946
• Bill approved on the 3 rd reading will be transmitted to the
• Republic Acts – Congress 1946- 1972, 1987 ~
“Other House” for concurrence (same process as the first
• Batas Pambansa – Batasang Pambansa  passage)
• Identification of laws – serial number and/or title o If the “Other House” approves without amendment
it is passed to the President
o If the “Other House” introduces amendments, and
disagreement arises, differences will be settled by
the Conference Committees of both houses
ENACTMENT OF STATUTES
o Report and recommendation of the 2 Conference
Commit
Com mittee
teess will
will hav
havee to be app
approv
roved
ed by both
both
Legislative power, generally
houses in order to be considered pass
• Power to make, alter and repeal laws
• Vested in congress – 1987 Constitution • President
o Approves and signs
• President – 1973 & Freedom (PD and EO respectivel
respectively)
y) o Vetoes (within 30 days after receipt)
• Sangguniang barangay, bayan, panglungsod, panlalawigan – o Inaction
only within respective jurisdiction – ordinances
• Administrative or executive officer
 

• If the President vetoes – send back to the House where it • Enrolled bill and legislative journals - Conclusive upon the
originated with recommendation courts
o 2/3 of all members approves, it will be sent to the • If there is discrepancy between enrolled bill and journal,
other house for approval enrolled bill prevails.
o 2/3 of the other house approves – it shall become a
law Withdrawal of authentication, effect of 
o If president
president did not act on the bill with in 30 days • Speake
Spe akerr and Sen
Senate
ate Presi
Presiden
dentt may withdr
withdraw
aw if there
there is
after receipt, bill becomes a law discrepancy between the text of the bill as deliberated and
• Summary : 3 ways of how a bill becomes a law. the enrolled bill.
 President signs • Effect:
 inaction of president with in 30 days after receipt o  Nullifies the bill
bill as enrolled
 vetoed bill is repassed by congress by 2/3 votes of all its o Losses absolute verity
o
members, each house voting separately. Courts may consult journals
Appropriations and revenue bills
• Same as procedure for the enactment of ordinary bills PARTS OF STATUTES
• Only
Onl y differ
differenc
encee is that
that they
they can only ori origin
ginate
ate from the
Lower House but the Senate may propose/ concur with the Title of statute
amendments • Mandat
Man datory
ory law - Eve Every
ry bill
bill passed
passed by Con
Congre
gress
ss shall
shall
• Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) embrace only one subject which shall be expressed in the
o congre
con gress
ss may not increaincrease
se the appappropr
ropria
iatio
tion
n title thereof (Art 6, Sec 26 (1) 1987 Constitution)
recommended by the President XXX • 2 limitations upon legislation
o  particular appropriation limited
limited o To refrain from conglomeration, under one statute,
o  procedure for Congress is the same to all other of heterogeneous subjects
department
depar tment// agenc
agencies
ies (proce
(procedure
dure for approvi
approving
ng o Title of the bill should be couched in a language
appropriations ) sufficient to notify the legislators and the public
o special appropriations – national treasurer/ revenue and those concerned of the import of the single
 proposal subject.
o no transf
transfer
er of app
appropr
ropria
iatio
tions
ns xxx autauthor
hority
ity to
augment Purposes of requirement (on 1 subject)
o discretionary funds – for public purposes • Principal purpose: to apprise the legislators of the object,
o general appropriations bills – when re-enacted nature,, and scope of the provisio
nature provisionn of the bill and to prevent
the enactment into law of matters which have not received
o Pre
Presid
sident
ent my veto
veto any partic
particula
ularr ite
item/s
m/s in an
the notice, action and study of the legislators.
appropriation revenue, or tariff bill.
o To prohibit duplicity in legislation
Authentication of bills • In sum of the purpose
o To prevent hodgepodge/ log-rolling legislation
• Before passed to the President
o To prevent surprise or fraud upon the legislature
• Indispensable
o To fairly apprise the people, through publication of
• By signing of Speaker and Senate President
the subjects of the legislation
•
o Used as a guide in ascertaining legislative intent
Unimpeachability of legislative journals when
whe n the langu
language
age of the act doe doess not clea
clearly
rly
expr
expres
esss it
itss purp
purpos
ose;
e; may
may cl clar
arif
ify
y do
doub
ubtt or
• Journal of proceedings
ambiguity.
• Conclusive with respect to other matters that are required by
the Constitution
• Disputable with respect to all other matters How •requirement construed
Liberally construed
• By reason of public policy, authenticity of laws should rest
• If there is doubt, it should be resolved against the doubt and
upon public memorials of the most permanent character 
in favor of the constitutionality of the statute
• Should be public
When there is compliance with requirement
Enrolled bill
• Comprehensive enough - Include general object
• Bills passed by congress authenticated by the Speaker and
• If all parts
parts of the law are related,
related, and are germane
germane to the
the Senate President and approved by the President
subject matter expressed in the title
• Importing absolute verity and is binding on the courts
• Title is valid where it indicates in broad but clear terms, the
o It carries on its face a solemn assurance that it was
nature, scope and consequences of the law and its operations
 passed by the assembly by the legislative and
• Title should not be a catalogue or index of the bill
executive departments.
• Principles apply to titles of amendatory acts.
• Courts cannot go behind the enrolled act to discover what
o Enough if it states “an act to amend a specific
really happened
statute”
o If only for respect to the legislative and executive
•  Need not state the precise
precise nature of the ame
amendatory
ndatory
departments
act.
• Thus, if there has been any mistake in the printing of the bill • US Legislators
Legislators have titl
titles
es ending with the words “and for
 before it was certified by the officer of the assembly and
othe
otherr purp
purpos
osees” ( US is not not subj
subjeect to the sasame
me
ap
appro
prove
vedd by thethe Ch
Chie
ieff Ex
Exec
ecut
utiv
ive,
e, the
the reme
remedy
dy is by
Constitutional restriction as that embodied in the Philippine
amendment by enacting a curative legislation not by judicial
Constitution)
decree.
 

When requirement not applicable Separability clause

• Apply only to bills which may thereafter be enacted into law • it states that if any provision of the act is declared invalid,
• Does not apply to laws in force and existing at the time the the remainder shall not be affected thereby.
1935 Constitution took effect. • It is not controlling and the courts may invalidate the whole
•  No application to municipal
municipal or city ordinance
ordinances.
s. statute where what is left, after the void part, is not complete
and workable
Effect of insufficiency of title • Presumption – statute is effective as a whole
• Statute is null and void • its effect: to create in the place of such presumption the
• Where, the subject matter of a statute is not sufficiently opposite of separability.
expressed in its title, only so much of the subject matter as is
not expressed therein is void, leaving the rest in force, unless PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
the invalid provisions are inseparable from the others, in
which case the nullity the former vitiates the latter  Presidential issuances
• are those
those whi
which
ch the presi
presiden
dentt issues
issues in the exerci
exercise
se of
Enacting clause ordinance power.
• Written immediately after the title • i.e. EO, AO (admi (administr
nistrativ
ativee orders
orders),
), procl
proclamat
amations,
ions, MO
• States the authority by which the act is enacted (memorandum
(memo randum orders), MC (mem (memorandu
orandumm circ
circulars
ulars),
), and
general or special orders.
 • Have force and effect of laws.
• #1 - Phil Commission – “ By authority of the President of the • EO
US, be it enacted by the US Philippine Commission” o act
actss of the Preside
Presidentnt pro
provid
viding
ing for rul
rules
es of a
• #2 - Philippine
Philippine Legisl
Legislature
ature-- “ by author
authority
ity of the US, be it general or permanent character in the
enacted by the Philippine Legislature” implement
impl ementation
ation or execu
execution
tion of const
constituti
itutional/
onal/
• #3 - When #2 became bicameral: “Be it enacted by the statutory powers.
Senate and House of Representatives of the Philippines in o do not have the force and effect of laws enacted by
legislature assembled and by authority of the same” congress
• #4 - CoComm
mmonw
onwea
ealt
lth-
h- “B
“Bee it enenac
acte
ted
d by the the Na
Nati
tion
onal
al o different from EO issued by the President in the ex
Assembly of the Philippines of her legisl
legislati
ative
ve pow
powerer during
during the revolu
revolutio
tion
n
• #5 – when #4 became bicameral: “be it enacte
enactedd by the Senate Presidential decree under the freedom constitution
and House of Representatives in congress assembled” – same • AO
1946-1972/1987-present. o act
actss of the Pre
Presid
sident
ent whi
which
ch rel
relate
ate to partic
particula
ularr
• #6 – Batasang Pambansa: “Be it enacted by the Batasang aspects of governmental operations in pursuance of
Pambansa in session assembled” his duties as administrative head
• #7 – PD “ NOW THEREFORE, I ______ President of the • Proclamations
Philippines, by the powers vested in me by the Constitution o acts of the President fixing a date or declaring a
do hereby decree as follows” stat
statute
ute or condi
condition
tion of publi
publicc momen
momentt or inte
interest
rest,,
• #8 – EO “Now, therefore, I, ____ hereby order” upon the existence of which the operation of a
specific law or regulation is made to depend
Preamble • MO
• Defined – prefatory statement or explanation or a finding of o acts of the President on matters of administrative
facts, reciting the purpose, reason, or occasion for making detail
detailss or of subord
subordina
inate
te or tem
tempora
porary
ry intere
interest
st
the law to which it is prefixed” which only concern a particular officer or office of
• Found after enacting clause and before the body of the law. government
• Usuall
Usu ally
y not use
used
d by le legis
gislat
lation
ionss bec
becaus
ausee con
conte
tent
nt of the • MC
 preamble is written
written in the explanatory note
note.. o acts of the president on matters relating to internal
• But PDs and EOs have preambles. administration
to the attentionwhich
of all the President
or some desires
of the to bring
departments,
Purview of statute agencies, bureaus, or offices of the government,
• that part which tells what the law is about for information of compliance
•  body of statute should embrace only one subject should only • General or Specific Order 
one subject matter, even there provisions should be allied o Acts
Acts anand
d co
comm
mmanands
ds of the the Pr
Pres
esid
iden
entt in his
his
and germane to the subject and purpose of the bill. capacity as Commander-in-Chief of the AFP
• Statue is usually divided into section. w/c contains a single
 proposition. Supreme Court circulars; rules and regulations
• Parts • See Art 8, Sec. 5(5) 1987
1 987 Constitution
o short title • See Art. 6, Sec. 30 1987 Constitution
o  policy section • It has been held that a law which provides that a decision of
o definition section a quasi-judicial body be appealable directly to the SC, if
o administrative section enacte
enactedd without
without the advadvice
ice and con
concur
curren
rence
ce of the SC,
o sections prescribing standards of conduct ineffective
o Remedy or applicable procedure – go to CA
o sections
sections imposing sanctions for viola
violation
tion of its
• Rules of Court – product of the rule-making power of the SC
o
 provisions
transitory provision o Power to repeal procedural rules
o separability clause o  No power to promulgate rules substantive in nature
nature
o effectivity clause (unlike the legislative department)
• Substantive rules – if it affects or takes away vested rights;
right to appeal
 

• Procedural
Proce dural rules – mean
meanss of imple
implementi
menting
ng exist
existing
ing right;
where to file an appeal for transferring the venue City ordinance
• Rules
Rules and reg regula
ulatio
tions
ns issued
issued by the admadmini
inistr
strati
ative
ve or • Vested in Sangguniang panglungsod
executive officers in accordance with and authorized by law, • Majority of the quorum voting, ordinance is passed
have the force and effect of law • Submitted to Mayor within 10 days
o Requisites for validity o Approve
 Rules should be germane to the objects o Veto – 2/3 of all members – approved
and purposes of the law o Inaction – deemed approved
 Regulations be not in contradiction with, • If ci
city
ty or co comp
mpone
onent
nt ci
city
ty – subm
submit
it to Sang
Sanggu
guni
nian
ang
g
 but conform to, the standards that the  panlalawigan for review which shall take action within 30
law prescribes days, otherwise, it will be deemed valid
 The be for the sole purpose of carrying

into effect the general provisions of the

law Provincial ordinance
• Sangguniang
Sanggu niang panlala
panlalawigan
wigan – major
majority
ity of quorum voting,
o Law cannot be restricted or extended  passage of ordinance
o La
Laww prev
prevai
ails
ls over
over regu
regulalati
tion
ons,
s, if thertheree are
are • Forwarded to the Governor who within 15 days from receipt
discrepancies shall
• Rule-maki
Rule -making ng power of publi
publicc admin
administra
istrative
tive agency is a o Approve
delegated legislative power – if it enlarges or restricts such o Veto – 2/3 of all members – approved
statute is invalid o Inaction – deemed approved
•   Requisites for delegating a statute by legislative branch to
another branch of government to fill in details, execution, VALIDITY
enforcement, or administration of law…. the law must be:
o Complete in itself  Presumption of constitutionality
o Fix a standard which may be express or implied • Every statute is presumed valid
 Example of “standard” – simplicity and o Lies on how a law is enacted
dignity;
dignity; publi
publicc inte
interest;
rest; publi
publicc welfa
welfare;
re; o Due res
respec
pectt to the legis
legislat
lative
ive who passed
passed and
intere
interest
st of law and orde order;r; justic
justicee and executive who approved
equity and substantial merit of the case; o Responsibility of upholding the constitution rests
adequate and efficient instruction not on the courts alone but on the legislative and
• Example: executive branches as well
o Change of “and/or” to “or” – invalid • Courts cannot inquire into the wisdom or propriety
pro priety of laws
o Chan
Change
ge of “may “may”(”(pe
perm
rmis
issi
sive
ve)) to “sha
“shall
ll”” • To declare a law unconstitutional, the repugnancy of the law
(mandatory) – invalid (Grego v COMELEC pp 22) to the constitution must be clear and unequivocal
• All reasonable doubts should be resolved in favor of the
Administrative rule and interpretation distinguished constitutionality of law; to doubt is to sustain
• Rule – “makes” new law with the force and effect of a valid • Final arbiter of unconstitutionality of law is the Supreme
law; binding on the courts even if they are not in agreement Court EN BANC (majority who took part and voted thereon)
with the policy stated therein or with its innate wisdom •  Nonetheless, trial courts have jurisdiction to initially decide
• Int
Interp
erpret
retati
ation
on – mer
merel
ely
y adv
adviso
isory
ry for it is the cou
courts
rts that the issue of constitutionality of a law in appropriate cases
finally determine what the law means
• Administrative construction is not necessarily binding upon Requisites for exercise of judicial power 
the courts; it may be set aside by judicial department (if there • The existence of an appropriate case
is an error of law, or abuse of power or lack of jurisdiction or • Interest
Intere st perso
personal
nal and subst
substantia
antiall by the party rais
raising
ing the
GAD – grave abuse of discretion) constitutional question
• Plea that the function be exercised at the earliest opportunity
Barangay ordinance
•  Necessity that the constitutional question be passed upon in
• Sangguniang barangay – smallest legislative body; may pass order to decide the case
an ordi
ordinan
nance
ce by majmajori
ority
ty of all
all its membe
members;rs; sub
subje
ject
ct to
review by Sangguniang bayan/ panglungsod Appropriate case
• Sanggun
San ggunian
iangg bay
bayan/
an/ pan
panglu
glungso
ngsodd – tak
takee actio
action
n on the • Bona fide case – one which raises a justiciable controversy
ord
ordina
inance
nce within
within 30 day dayss from submsubmiss
ission
ion;; if there’
there’ss
• Judicial power is limited only to real, actual, earnest, and
inaction, it is presumed to be consistent with the municipal
vital controversy
or city ordinance; if inconsistency is found, it will remand to
• Controversy
Contr oversy is justi
justiciab
ciable
le when it refers to matt
matter
er which is
the Sangguniang barangay
appropriate for court review; pertains to issues which are
Municipal ordinance
inhe
inhere
rent
ntly
ly susc
suscep
epti
tibl
blee of bein
being
g deci
decide
ded
d on gro groun
unds
ds
• Lodged in the Sangguniang bayan
recognized by law
• Majority of the quorum voting, ordinance is passed
• Courts cannot rule on “political questions” – questions
q uestions which
• Ordinance sent to Mayor within 10 days for approval or are concerned with issues dependent upon the wisdom (v.
veto; if there
there’s
’s mayo
mayor’s
r’s inac
inaction,
tion, ordinanc
ordinancee is pres
presumed
umed legality) of a particular act or measure being assailed
approved; if vetoed and overridden by 2/3 of all members, o “separation of powers”
ordinance is approved
o
• Approved ordinance is passed to Sangguniang panlalawigan Howeve
How ever,
 judicial r, Con
Consti
review stitut
– tution
ion exp
judicialexpand
andss includes
power the con
concep
ceptd
the t uty
dutyof
for review
of the courts of justice to settle actual controversies
o Within 30 days may invalidate in whole or in part
involving rights which are legally demandable and
and its action is final; if there’s inaction within 30 enforceable and to determine whether or not there
days, it is deemed valid has been GAD amo amount
unting
ing to lac
lackk or excess
excess of
 

 jurisdiction on the branch or the part of any Effects of unconstitutionality

un constitutionality
 branch/ instrumentality
instrumentality of the Government • It confers no rights
• Imposes no duties
Standing to sue • Affords no protection
• Legal standing or locus standi – personal/ substantial interest • Creates no office
in the case such that the party has sustained or will sustain • In general, inoperative as if it had never been passed
p assed
direct injury as a result of governmental act that is being • 2 views:
challenged
o Orthodox view – unconstitutional act is not a law;
• “interest” – an interest in issue affected by the decree
decision affect ALL
• Citizen – acquires standing only if he can establish that he o Modern view – less stringent; the court in passing
has suffered some actual or threatened
threatened concre
concrete
te injury as a upon the question of unconstitutionality does not
result of the allegedly illegal conduct of the government
annul or repeal the statute if it finds it in conflict
o E.g. taxpayer – when it is shown that public funds
have been illegally disbursed with the Const
Constitut
itution;
ion; deci
decisions
sions affec
affects
ts parti
parties
es
ONLY
ON LY an
and
d no judgm
judgmen
entt ag
agai
ains
nstt the
the st
stat
atut
ute;
e;
• Member of the Senate or of the House has legal standing to opinion of court may operate as a precedent; it
question the validity of the Presidential veto or a condition does not repeal, supersede, revoke, or annul the
imposed on an item in an appropriations bills statute
• SC may, in its discretion, take cognizance of a suit which
does not satisfy the requirement of legal standing Invalidity due to change of conditions
o E.g. calling by the President for the deployment of • Emergency laws
the Philippine Marines to join the PNP in visibility • It is deemed valid at the time of its enactment as an exercise
 patrols around the metro of police power 
• It becomes invalid only because the change of conditions
When to raise constitutionality makes its continued operation violative of the Constitution,
• xxx at the earliest possible opportunity – i.e. in the pleading and accordingly, the declaration of its nullity should only
• it may be raised in a motion for reconsideration / new trial in affect the parties involved in the case and its effects applied
the lower court; or   prospectively
• in criminal cases – at any stage of the proceedings or on
appeal Partial invalidity
• in civil cases, where it appears clearly that a determination of • General rule: that where part of a statute is void as repugnant
the question is necessary to a decision, and in cases where it to the Const
Constituti
itution,
on, while another part is valid, the valid
involves the jurisdiction of the court below  portion, if separable from the invalid, may stand and be
enforced
• Exception – that when parts of a statute are so mutually
dependent
depend ent and conne
connected
cted,, as condit
conditions,
ions, consi
considerat
derations,
ions,
 Necessity of deciding
deciding constitutionalit
constitutionalityy
inducements, or compensations for each other, as to warrant
• where the const
constituti
itutional
onal question is of param
paramount
ount public
a belief that the legislature intended them as a whole, the
interest and time is of the essence in the resolution of such
nullity of one part will vitiate the rest – such as in the case of
question, adherence to the strict procedural standard may be
Tata
Tatadd v Sec
Sec of DeDepa
part
rtme
ment
nt of EnEner
ergy
gy and AnAnto
toni
nio
o v.
relaxed and the court, in its discretion, may squarely decide
COMELEC 
the case
• where
whe re the que
questi
stion
on of val validi
idity,
ty, though
though app
appare
arentl
ntly
y has EFFECT AND OPERATION
 become moot, has become of paramount interest and there is
undeniable necessity for a ruling, strong reasons of public When laws take effect
 policy may demand that
that its constituti
constitutionality
onality be resolved
• Art 2 CC - “xxx laws to be effective must be published either

Test of constitutionality in the

the Of
Offi
circulation fici
incial
al country”
the Ga
Gazezett
ttee or in a newsnewspa
pape
perr of gene
genera
rall
• … is what the Constitution provides in relation to what can o The effeffec
ectiv
tivity
ity prov
provisi
ision
on refers
refers to all statut
statutes
es,,
or may be done under the statute, and not by what it has been
including those local and private, unless there are
done under it.
specia
speciall laws
laws provprovidi
iding
ng a differ
different
ent eff
effect
ectivi
ivity
ty
o If not within the legislative power to enact
mechanism for particular statutes
o If vague – unconstitutional in 2 respects
• Sec 18 Chapter 5 Book 1 of Administrative Code
 Violates due process • Effectivity of laws
 Le
Leav
avees law enf
nfor
orccers
ers unbr
unbrid
idle
led
d o default rule – 15-day period
discretion in carrying out its provisions o must be published either in the OG or newspaper
o Where there’s
there’s a chang
changee of circumst
circumstances
ances – i.e.
of general circulation in the country; publication
emergency laws must be full
• Ordinances (test of validity are): • The clause “unless it is otherwise provided” – solely refers to
o It mus
mustt not con
contra
traven
venee the Const
Constitu
itutio
tion
n or any the 15-day period and notno t to the requirement of publication
statute
o It must not be unfair or oppressive When Presidential issuances, rules and regulations take effect
o It must not be partial or discriminatory • The President’s ordinance power includes the authority to
o
It must not prohibit but may regulate trade issue
issue EO, AO, Procla
Proclamat
mation
ions,
s, MO
MO,, MC and gen genera
erall or
o It must
must be gen
genera
erall and con
consis
sisten
tentt with
with publ
public
ic specific orders
 policy • Requireme
Requi rementnt of public
publication
ation applie
appliess exce
except
pt if it is merely
o It must not be unreasonable interpretative or internal in nature not concerning the public
• 2 types:
 

o Those whose purpose is to enforce or implement

existing law pursuant to a valid delegation or to fill
in the details of a statute; requires publication CHAPTER TWO: Construction and Interpretation
Interpretation
o Those which are merely interpretative in nature or
internal; does not require publication NATURE AND PURPOSE
• Requirements of filing (1987 Administrative Code):
o Every agency shall file with the UP Law Center 3 Construction defined
certified copies
copies of every rule aadopted
dopted by it. Rules • Co
Cons
nstr
truc
ucti
tion
on is the
the ar
artt or pro
proce
cess
ss of disc
discov
over
erin
ing
g an
andd
in force on the date of effectivity of this Code expounding the meaning and intention of the authors of the
which are not filed within 3 months from that date law,, whe
law where
re that
that intent
intention
ion render
rendered
ed doub
doubtfu
tfully
lly rea
reason
son of
shall not thereafter be the basis of any sanction ambiguity in its language or of the fact that the given case is
against any party/ persons not explicitly provided for in the law.
• Constructi
Const ruction
on is drawi
drawing
ng of warra
warranted
nted conclusions
conclusions beyond
directt expre
direc expression
ssion of the text expression
expressionss which are in spiri
spiritt
When local ordinance takes effect though not within the text.
• Unlesss other
Unles otherwise
wise stated
stated,, the same shall take effec
effectt 10 days • xxx inevitably, there enters into the construction of statutes
from the date a copy is posted in a bulletin board at the the play of JUDICIAL JUDGMENT within the limits of the
entrance of the provincial capitol or city, municipality or relevant legislative materials
 barangay hall, AND in at least 2 other conspicuous places in • it invo
involv
lves
es the
the EXER
EXERCI CISE
SE OF CHOI CHOICE
CE BY THE THE
the local government unit concerned JUDICIARY
• The secretary to the Sangguinian concerned shall cause the
 posting not later than 5 days after approval; text will be Construction and interpretation distinguished
disseminat
disse minated
ed in Engli
English
sh or Taga
Tagalog;
log; the secre
secretary
tary to the • Th
They
ey ar
aree so al
alik
ikee in prac
practi
tica
call re
resu
sult
ltss and
and so ar
aree us
used
ed
Sangguinian concerned shall record such fact in a book kept interchangeably; synonymous.
for that purpose, stating the dates of approval and posting
• Gist of ordinance with penal sanctions shall be published in a Construction Interpretation
newspa
new spaper
per of gengenera
erall circu
circulat
lation
ion within
within the respec
respectiv
tivee - process of drawing warranted - art of findinding the true
 province concerned; if NO newspaper of general circulation conclusions not always meaning and sense of any form
in the
the prprov
oviinc
ncee, POPOSTSTIN
INGG sh shaall be mad adee in all included in direct expressions, of words

muni
munici
cipa
pali
liti
ties
es an
and
d ci
citi
ties
es of the
the provi
provinc
ncee wh
wher
eree the
the or determining
of words to factsthe application
in litigation
Sanggunian of origin is situated
• For highl
highlyy urbani
urbanized
zed and independen
independentt compo
component
nent cities,
main features of the ordinance, in addition to the posting Rules of construction, generally
requirement shall be published once in a local newspaper. In • Rules of statutory construction are tools used to ascertain
the absence of local newspaper, in any newspaper of general legislative intent.
circulation
•  NOT rules of law but mere
mere axioms of experience
o Highly urbanized city – minimum population of
• In enacting a statute, the legislature is presumed to know the
200,000 and with latest annual income of at least
rules of statutory construction, in case of doubt, be construed
50M Php
in accordance with the settled principles of interpretation.
• Legislature sometimes adopts rules of statutory construction
Statutes continue in force until repealed
as part of the provisions of the statute: - see examples page
• Permanent/ indefinite – law once established continues until
49-50
changed by competent
competent legislati
legislative
ve power. It is not changed
• Legislature also defines to ascertain the meaning of vague,
 by the change of sovereignty,
sovereignty, except that of polit
political
ical nature
 broad words/ terms
• Temporary – in force only for a limited period, and they
term
termin
inat
atee upon
upon ex
expi
pira
rati
tion
on of thethe term
term stat
stated
ed or upouponn
Purpose of object of construction
occurrence of certain events; no repealing statute is needed • The purpose is to ascertain and give effect to the intent of the
law.
Territorial and personal effect of statutes
• The object of all judicial interpretation of a statute is to
• All people within the jurisdiction of the Philippines
determine legislative intent, either expressly or impliedly, by
the language used; to determine the meaning and will of the
Manner of computing time
law making body and discover its true interpretations of law.
• See Art. 13 CC
• Wher
Wh eree a stat
statut
utee re
requi
quire
ress the
the doin
doing
g of an ac actt with
within
in a Legislative intent, generally
specified number of days, such as ten days from notice, it
• … is the essence of the law
means ten calendar days and NOT ten working days
• Intent is the spirit which gives life to legislative enactment. It
• E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947
must be enforced when ascertained, although it may not be
• If last day falls on a Sunday or holiday, the act can still be consistent with the strict letter of the statute. It has been held,
done the following day however,
howeve r, that that the asce
ascertain
rtainment
ment of legi
legislat
slative
ive inten
intentt
• Principle of “exclude the first, include the last” DOES NOT depend more on a determination of the purpose and object of
APPLY to the computation of the period of prescription of a the law.
crime, in which rule, is that if the last day in the period of • Intent is sometimes equated with the word “spirit.”
 prescription of aconcerning
felony falls onfelony
a Sunday or be
legal holiday, • While the term
termss purpose
purpose,, mean
meaning,
ing, intent, and spiri
spiritt are
the information said cannot filed on the
oftentimes
oftentimes intercha
interchangeabl
ngeably
y used by the court
courts,
s, not enti
entirely
rely
next
next work
workin
ing
g day,
day, as ththee off
offen
ense
se has
has by then
then alre
alread
ady
y
synonymous
 prescribed
Legislative purpose
 

• A legislative purpose is the reason why a particular statute  If the 3rd means (effect of the law) is first
was enacted by legislature. used, it will be judicial legislation
• Legislation “is an active instrument and government which,
for the purpose of interpretation means that laws have ends POWER TO CONSTRUE
to be achieved”
Construction is a judicial function
Legislative meaning • It is the court that has the final word as to what the law
• Legislative meaning is what the law, by its language, means. means.
• What it comprehends; • It construes laws as it decide cases based on fact and the law
• What it covers or embraces; involved
• What its limits or confines are. • Laws are interpreted
interpreted in the context of a peculiar factu
factual
al
• Intent and Meaning – synonymous situation of each case
• If there is ambiguity in the language used in a statute, its • Circumstances of time, place, event, person and particularly
 purpose may indicate the meaning of the language and lead attendant circumstances and actions before, during and after
to what the legislative intent is the operative fact have taken their totality so that justice can
 be rationally and fairly
fairly dispensed.
Graphical illustration – • Moot and academic –
o Purpose has become stale
 Federation of Free Farmers v CA. o  No practical relief
relief can be granted
• RA No. 809 Sec. 1 – “In abse absence
nce of a wriwritte
tten
n millin
milling
g o Relief has no practical effect
agreements
agree ments betwee
betweenn the majorit
majority
y of the planters and the • General rule (on mootness) – dismiss the case
millers, the unrefined sugar as well as all by-products shall o Exception:
 be divided between them”
them”
 If capabl
capablee of reprepeti
etitio
tion,
n, yet evadin
evading
g
• RA 80 809
9 Se
Sec.
c. 9 – “The
“The pr
proc
ocee
eeds
ds of any
any incr
increa
ease
se in
review
 participation granted by the planters under this act and above
 Public interest requires its resolution
their present share shall be divided between the planter and
 Rendering decision on the merits would
hi
hiss la
labor
borer
er in the
the prop
proport
ortio
ion
n of 60% labor
laborer
er an
andd 40%
 planter”  be of practical value
value
• To give literal import in interpreting the two section will
defeat the purpose of the Act Legislative cannot overrule judicial construction
• It cannot preclude the courts from
fr om giving the statute different
• The purpose:
interpretation
o Continuous production of sugar 
• Legislative – enact laws
o To gra
grant
nt the la
labor
borers
ers a sha
share
re in the incre
increase
asedd
• Executive- to execute laws
 participation of planters
planters in the sugar produce
• Judicial- interpretation and application
• The legisl
legislat
ative
ive intent
intent is, thus
thus to mak
makee the act opera
operativ
tivee
irrespect
irrespective
ive of wheth
whether
er there exists a millmilling
ing agree
agreement
ment • If the legislature may declare what a law means – it will
 between central and
and the sugar planters. cause confusion…it
confusion…it will be viola violative
tive of the fundam
fundamental
ental
 principles of the constitution
constitution of separation powers.
Matters inquired into in construing a statute • Legislative construction is called resolution or declaratory
• “It is not enough to ascertain the intention of the statute; it is act
also necessary
necessary to see whether the intention or meani
meaningng has
 been expressed in such a way as to give it legal effect or
validity”
 Endencia v David 
• Thus: The object of inquiry is not only to know what the
legislat
legi slature
ure used suffic
sufficientl
iently
y expre
expresses
sses that meaning. The • Explains why legislative cannot overrule Supreme Court’s
decision
legaloact isinternal
made up of 2 elements:
– intention
 Perfecto v. Meer 
Meer 
o external- expression
• Art. 8 Sec. 9 1935 Constitution – SC’s interpretation: “shall
• Failure of the latter may defeat the former 
receive such compensation as may be fixed by law, which
shall not be diminished during their continuance in office” –
exempt from income tax
• Legislative passed RA 590 Sec. 13 – “no salary whenever
Where legislative intent is ascertained
rec
receiv
eived
ed by any publi
publicc offi
officer
cer of the Repu
Republi
blicc shall
shall be
• The primary source of legislative intent is the statute itself.
considered exempt from the income tax, payment of which is
• If the statute as a whole fails to indicate the legislative intent
hereby declared not to be a diminution of his compensation
 because of ambiguity, the court may look beyond the statute
fixed by the Constitution or by law”
such as:
•  Source of confusion
o Legislative history – what was in the legislative
• Violative of principle on separation of powers
mind at the time the statute was enacted; what the
circumsta
circu mstances
nces were; what evil was meant to be
• RA 590 Sec 13 – unconstitutional
redressed • Ar
Artt 8 Sec.
Sec. 9 1935
1935 – re repe
peal
aled
ed by Art.
Art. 15 Se
Sec.c. 6 197
19733
o Purpose of the statute – the reason or cause which Constituti
Const itution
on – “no salary or any form of emol
emolument
ument of any
induced
induc ed the enact
enactment
ment of the law, the misch
mischief
ief to  public officer or employee, including constitutional officers,
 be suppressed, and the policy which dictated its shall be exempt from payment of income tax”
 passage • Thus, judiciary is not exempt from payment of tax anymore
o when all these means fail, look into the effect of
the law. When judicial interpretation may be set aside
 

• “Interpretations may be set aside.” The interpretation of a • Issue: whether ballots not signed at the back by the chairman
statute or a constitutional provision by the courts is not so of the Board of Election Inspectors (BEI) are spurious, since
sacrosanct as to be beyond modification or nullification. it violated Sec. 24 RA 7166
• The Supreme Court itself may, in an appropriate case change • Held: not spurious; only renders the BEI accountable
or overrule its previous construction.
• The rule that the Supreme Court has the final word in the Rulings of Supreme Court part of legal system
interpretation or construction of a stature merely means that • Art. 8 CC – “Judicial decisions applying or interpreting the
the legislature cannot, by law or resolution, modify or annul laws or the Constitution shall form part of the legal system of
the judicial construction without modifying or repealing the the Philippines”
very statute which has been the subject of construction. It •  Legis interpretato legis vim obtinet   – authori authoritat
tative
ive
can, and it has done so, by amending or repealing the statute,
interpretation of the SC of a statute acquires the force of law
the con
conseq
sequen
uencece of whi
which
ch is that
that the pre
previo
vious
us judici
judicial
al
 by becoming a part thereof as of the date of its enactment ,
co
cons
nstr
truc
ucti
tion
on of thethe stat
statut
utee is mo
modidifi
fied
ed or set
set as
asid
idee
accordingly. since
since the cou
court’
rt’ss interp
interpret
retat
ation
ion mer
merely
ely establ
establish
ishes
es the
contemporaneous
contempora neous legi
legislati
slative
ve inten
intentt that the stat
statute
ute thus
construed intends to effectuate
When court may construe statute
• “The court may const
construe
rue or inte
interpret
rpret a statute
statute under the • Stare decisis et non quieta novere – when the SC has once
condition that THERE IS DOUBT OR AMBIGUITY” laid down a principle of law as applicable to a certain state of
• Ambiguity – a condition of admitting 2 or more meanings. facts, it will adhere to that principle and apply it to all future
Susceptible of more than one interpretation. casese where the facts are substantially the same
o For stability and certainty
• Only when the law is ambiguous or doubtful of meaning
may the court interpret or construe its intent. • Supreme Court becomes, to the extent applicable, the criteria
that must control the actuations not only of those called upon
Court may not construe where statute is clear  to abide thereby but also of those duty-bound to enforce
• A statute that is clear and unambiguous is not susceptible of obedience thereto.
interpretations. • SC rulings are binding on inferior courts
• First and fundamental duty of court – to apply the law
Judicial rulings have no retroactive effect
• Construction – very last function which the court should
exercise • Lex prospicit
prospicit not res
respi
picit
cit - the law looks
looks for
forwar
ward,
d, not
• Law is clear – no room for interpretation, only room for  backward
application • Rationale
Rationale:: Retro
Retroacti
active
ve appli
applicati
cation
on of a law usually dives
divestt
rig
rights
hts that
that hav
havee al
alrea
ready
dy become
become vested
vested or imp
impair
airss he
• Courts cannot enlarge or limit the law if it is clear and free
obligations of contract and hence is unconstitutional.
from ambiguity (even if law is harsh or onerous
• A meaning that does not appear nor is intended or reflected
Peo v. Jabinal
in the very language of the statute cannot be placed therein
• Peo v Macarandang – peace officer exempted from issuance
 by construction
of license of firearms – included a secret agent hired by a
governor 
 Manikan v. Tanodbayan
• Peo. v. Mapa – abandoned doctrine of Macarandang in 1967
• Sec.
Sec. 7 PD 1716-1716-A
A – “s“sol
olee polic
policee au
auth
thor
orit
ity”
y” of EP
EPZAZA
of
offi
fici
cial
alss ma
may
y not
not be co
cons
nstr
true
uedd as an ex exce
cept
ptio
ion
n to,
to, or • The
The pr pres
esen
entt case
case,, Ja
Jabi
bina
nall was
was ar arra
raig
igne
nedd wh
whil
ilee the
the
limitation on, the authority of the Tanodbayan to investigate Macaranda
Maca randang
ng Doctr
Doctrine
ine was stil
stilll preva
prevailing
iling,, howeve
however,r, the
complaints for violation of the anti-graft law committed by decision was promulgated when the Mapa doctrine was in
the EPZA officials  place
• EPZA’s
EPZ A’s pow
power
er – not exc
exclus
lusive
ive;; “s
“sole
ole”” refers
refers to polic
policee • The Court held that Jabinal is acquitted using stare decisis
authority not emplyed to describe other power  doctrine and retroactivity doctrine
Co. v. CA
 Lapid v. CA • On BP 22, Co is acquitted in relying on the Circular issued;
• Iss
Issue:
ue: wheth
whether er or not the decis
decision
ion of the Ombuds
Ombudsmanman Que doctrine, which convicted Que under BP 22, was not
imposing a penalty of suspension of one year without pay is given retroactive application
immediately executory
• Ad
Admimini
nist
stra
rati
tive
ve Code
Code andand LGC
LGC – no nott supp
supple
leto
tory
ry to  Roa v. Collector of Customs
Ombudsman Act • Used jus soli (place of birth)
• These three laws are related or deal with public officers, but • SC favored jus sanguinis (by blood)
are totally different statutes • However, the abandonment of the principle of jus soli did
not divest the citizenship of those who, by virtue of the
• An administrative agency tasked to implement a statute may  principle before its rejection, became of were declared
not construe it by expanding its meaning where its provisions citizens of the Philippines
are clear and unambiguous
 Benzonan v. CA
 Land Bank v. CA • Issue: when to count the 5-year period to repurchase land
• DAR interpreted “deposits” to include trust accounts” granted CA 141
• SC held that “deposits” is limited only to cash and LBP • Monge v Angeles (1957) and Tupas v Damaso (1984) – from

 bonds •
the date ofv.conveyance
Belisario IAC (1988)or foreclosure
– from sale after the expiration
the period
 Libanan v. HRET  of the 1-year period of repurchase
• The SC held that the doctrine that should apply is that which
was enunciated in Monge and Tupas because the transactions
involved took place prior to Belisario and not that which was
 

laid
laid dow
downn in the
the la
latt
tter
er ca
case
se wh
whic
ich
h sh
shou
ould
ld be ap
appl
plie
ied
d • It is used as an aid, in case of doubt in its language to its
 prospectively construction and to ascertaining legislativ
legislativee will.
• If the meaning of the statute is obscure, courts may resort to
Court may issue guidelines in construing statute the title to clear the obscurity.
• In construing a statute, the enforcement of which may tread • The title may indicindicate
ate the legis
legislati
lative
ve intent to exte
extend
nd or
on sensitive
sensitive areas of const
constitut
itutional
ional rights, the court may restrict the scope of law, and a statute couched in a language
issue guidelines in applying the statute, not to enlarge or of doubtful import will be constructed to conform to the
restrict it but to clearly delineate what the law is. legislative intent as disclosed in its title.
• Resorted as an aid where there is doubt as to the meaning of
 Peo. v. Ferrer 
Ferrer  the law or as to the intention of the legislature in enacting it,
• What acts that may be considered liable under the Anti- and not otherwise.
Subversion Act • Serve as a guide to asce ascertain
rtaining
ing legislat
legislative
ive intent carries

 Morales v. Enrile more weight that

requirement in this jurisdiction
“every because
bill shall of the
embrace onlyconstitutional
one subject
• Rights of a person under custodial investigation who shall be expressed in the title thereof.
• The constitutional injunction makes the title an indispensable
 part of a statute.
 RP v. CA/ Molina
Molina
• Guidelines for ascertaining psychological incapacity of an  Baguio v. Marcos
erring spouse in a void marriage under Art. 36 FC • The question raised is when to count the 40 yr period to file a
 petition for reopening of cadastral proceedings (to settle and
LIMITATIONS ON POWER TO CONSTRUE adjudi
adjudicat
catee the ti
title
tless to the vario
various
us lots
lots emb
embrac
raced
ed in the
survey) as authorized by RA 931 covering the lands that
Courts may not enlarge nor restrict statutes have been or about to be declared land of public domain, by
• Courts are not authorized to insert into the law what they virtue of judicial proceedings instituted w/in the 40 years
think should be in it or to supply what they the legislature next preceding the approval of this act.
would have supplied if its intention had been called to the • Th
Thee que
queststio
ion
n is asaskeked
d if the
the proc
procee
eedi
ding
ng be re reope
opene
nedd
omission. originally instituted in court April 12, 1912 or November 25,
• They
The y should
should not by con constr
struct
uction
ion,, revise
revise even the mos
mostt 1922,, the cou
1922 counte
ntedd date
date for
form
m whi
which
ch the decisi
decision
on therei
therein
n
arbitrary or unfair
law to conform action
to what ofthink
they the legislature, norlaw.
should be the rewrite the rendered became final. Petition was filed on July 25, 1961
• Title of the Law “An Act to authorize the filing in the proper
•  Neither should the courts construe statutes which are court under certain conditions of certain claims of title to
 perfectly vague for it violates
violates due process  parcels of land that have been declared public land, by virtue
o Failure to accord persons fair notice of the conduct of the approval of this act.”
to avoid • There was an apparent inconsistency between the title and
o Le
Leav
avee lalaw
w enenfo
forc
rcer
erss unbr
unbrid
idle
led
d disc
discre
reti
tion
on in  body of the law.
carrying out its provisions • It ruled that the starting date to count the period is the date
• 2 leading stars on judicial construction the final decision was rendered.
o Good faith • It recites that it authorizes court proceedings of claims to
o commonsense  parcels of land declared public by virtue of judicial decisions
• an utterly vague act on its face cannot be clarified by either a rendered within forty years next preceding the approval of
saving clause or by construction this act.
• That title written in capital letters by Congress itself; such
Courts not to be influenced by questions of wisdom kind of title then is not to be classed with words or titles used
• Courts do not sit to resolve the merit of conflicting theories  by compilers of statues because it is tthe
he legislature spea
speaking.
king.
• Courts
Cou rts do not pass upoupon
n que
questi
stion
on of wisdom
wisdom,, justic
justicee or • Words by virtue of judicial decisions rendered in the title of
expediency of legislation, for it’s not within their province to the law stand in equal importance to the phrase in Sections 1
sup
superv
ervise
ise legis
legislat
lation
ion and keep
keep it within
within the bou
bounds
nds of thereof by virtue of judicial proceedings instituted.
common sense. • The court ruled that examining Act no. 2874 in detail was
• The court merely interpret regardless of whether or not they intended to apply to public lands only for the title of the act,
wise or salutary. always indicative of legislative intent.
•  No bill shall embrace more than one subject, which subject
CHAPTER THREE: Aids to Construction shall be expressed in the title of the bill, the words and for
other purposes’ when found in the title have been held to be
IN GENERAL without force or effect whatsoever and have been altogether
discarded in construing the Act.
Generally
• Where the meaning of a statue is ambiguous, the court is  Ebarle v. Sucaldito
warran
war ranted
ted in availi
availing
ng its
itself
elf of all illegi
illegitim
timat
atee aid
aidss to • The issue is raised whether Executive order no. 264 entitled
construction in order that it can ascertain the true intent of “ Outli
Outlining
ning the proce
procedure
dure by which complai
complaints
nts charging
the statute. government
governm ent offic
officials
ials and empl
employees
oyees with comm
commissio
ission
n of
• The aids to construction are those found in the printed page irregularities should be guided” applies to crimi
criminal
nal actions,

of the statute itself; know as the intrinsic aids, and those to thertaken
underta
unde end
kenthat
or no
infpreliminary
inform
ormati
ation fileinvestigation
on file in cou
court thereof
rt unless
unl can be
ess there is
extraneous facts and circumstances outside the printed page,
called extrinsic aids.
aids.  previous compliance with the executive order.
• EO onlonlyy app
applie
liess to adm
admini
inistr
strati
ative
ve and not to crimin
criminal
al
Title complaints.
• The very title speaks of commission of irregularities.
 

la
land
nd owne
owner,r, succ
succee
eeds
ds in occu
occupy
pyining
g or poss
posses
essi
sing
ng the
the
When resort to title not authorized  property of the latter against his will for residential,
• The text of the statute is clear and free from doubt, it is commercial or any other purposes.
improper to resort to its title to make it obscure. • The decree was promulgated to solve the squatting problem
• The title may be resorted to in order to remove, but not to which according to its preamble is still a major problem in
create doubt. urban communities all over the country and because many
 persons and entities found to have been unlawfully
Preamble occupying public and private lands belong to the affluent
• It is a part of the statute written immediately after its title, class.
which states the purpose, reason for the enactment of the • The court said that crime may only be committed in urban
law. commun
com munit
ities
ies and not in agricuagricultu
ltural
ral and pastur
pastural
al la
lands
nds
• Usually express in whereas clauses.  because the preamble of the decree shows that it was
• inte
intend
nded
ed to appl
applyy foforr squa
squatt
ttin
ing
g in urburban
an la
lands
nds,, more
more
Generally
•
omitted
Phil.inCommission
statutes passed by:  particularly to illegal
illegal constructions.
• Phil. Legislature
Context of whole text
•  National Assembly
• To ascertain legislative intent is the statute itself taken as a
• Congress of the Phil
whole and in relation to one another considering the whole
• Batasang Pambansa
context of the statute and not from an isolated part of the
• These legislative bodies used the explanatory note to explain  provision.
the reasons for the enactment of statutes.
• The meaning dictated by the context prevails.
• Ext
Extens
ensive
ively
ly use
used
d if Pre
Presid
sident
ential
ial dec
decree
reess issued
issued by the
• Every section, provision, or clause of the statute must be
President in the exercise of his legislative power.
expounded by reference to each other in order to arrive at the
• When the meaning of a statute is clear and unambiguous, the effect contemplated by the legislature.
 preamble can neither expand nor restrict its operation, much
less prevail over its text. Nor can be used as basis for giving Punctuation marks
a statute a meaning.
• Semi- colon – used to indicate a separation in the relation of
• When the statute is ambiguous, the preamble can be resorted the thought, what follows must have a relation to the same
to clarify the ambiguity. matter it precedes it.
• Preamble is the key of the statute, to open the minds of the
• Comma and semi- colon are use for the same purpose to
lawmakers as to the purpose is achieved, the mischief to be divide sentences, but the semi – colon makes the division a
re
reme
medidied
ed,, an
and
d the
the obje
object
ct to be acacco
comp
mplilish
shed
ed,, by the
the little more pronounce. Both are not used to introduce a new
 provisions of the legislature.
legislature. idea.
• May decide the proper construction to be given to the statute. • Punctuation marks are aids of low degree and can never
• May restrict to what otherwise appears to be a broad scope of control against the intelligible meaning of written words.
law. • An ambiguity of a statute which may be partially or wholly
• It may express the legislative intent to make the law apply solved
solved by a punpunctu
ctuat
ation
ion mar
mark k may be conconsid
sidere
ered
d in the
re
retr
troa
oact
ctiv
ivel
elyy in whic
whichh cacase
se the
the law
law has
has to be give
given
n construction of a statute.
retroactive effect. • The qualifying effect of a word or phrase may be confined to
its last antecedent if the latter is separated by a comma from
Illustration of rule the other antecedents.
• An argument based on punctuation is not no t persuasive.
 People v. Purisima
Purisima
• A person was charged w/ violation of PD 9 which penalizes, Illustrative examples
among others, the carrying outside of one’s residence any
 bladed, blunt or pointed weapon not used as a necessary tool  Florentino v. PNB
or impl
implement
ement for live
livelihood
lihood,, with imprisonm
imprisonment
ent rangi
ranging
ng • “who may be willing to accept the same for such settlement”
from five to ten years.
 – this implies discretion
discretion
• Question
Quest ion rose whethe
whetherr the carrying of such weapon should
• SC held:
held: only the last ante
anteced
cedent
ent – “any
“any cicitiz
tizen
en of the
 be in relation to subversion, rebellion, insurrection, lawless
Philippine
Phili ppiness or any assoc
associati
iation
on or corpor
corporation
ation organize
organizedd
violence, criminality, chaos or public disorder as a necessary
under the laws of the Philippines”
element of the crime.
• xxx purs
pursuan
uantt to whi
which
ch backpa
backpayy certi
certific
ficate
ate-ho
-holde
lders
rs can
• The mere carrying of such weapon outside one’s residence is
compel government-owned banks to accept said certificates
sufficient to constitute a violation of the law
for payment of their obligations subsisting at the time of the
• Pursuant to the preamble which spelled out the events that amendatory act was approved
led to the enactment of the decree the clear intent and spirit  Nera v. Garcia
of the decree is to require the motivation mentioned in the
• “if the charge against such subordinate or employee involves
 preamble as in indispensable
indispensable element of the crime.
dishonesty, oppression, or grave misconduct or neglect in the
• The severity of the penalty for the violation of the decree  performance of his duty”
suggests that it is a serious offense, which may only be
• “dishonest
“dish onesty”
y” and “oppressi
“oppression”
on” – need not be committe
committed d in
 justified by associating the carrying out of such bladed of
the course of the performance of duty by the person charges
 blunt weapon with any of the purposes stated in itsits preamble.

 Peo v. Echavez   Peo. •v. Subido

Subsidiary imprisonment in case of insolvency qualifies both
• Issue:: whether a person who squatted on a pasto
Issue pastoral
ral land
non-payment of indemnity and non-payment of fine
could be held criminally liable for the violation of PD 772
“any
“any person
person who, with
with the use of for
force
ce,, intimi
intimidat
dation
ion or
Capitalization of letters
Capitalization
threat, or taking advantage of the absence or tolerance of the
• An aid of low degree in the construction of statute.
 

Purpose of law or mischief to be suppressed

• Intended to be removed or suppressed and the causes which
Headnotes or epigraphs
induced the enactment of the law are important factors to be
• Secondary aids considered in this construction.
• They are prefixed to sections, or chapters of a statute for o Purpose or object of the law
ready reference or classification. o Mischief intended to be removed
•  Not entitled too much weight, and inferences drawn there o Causes which induced the enactment of the law
from are of little value and they can never control the plain
• Must be read in such a way as to give effect to the purpose
terms of the enacting clauses, for they are not part of
o f the law.
 projected in the statute.
statute.
• The prov
provisi
isions
ons of each
each articl
articlee are con
contro
trolli
lling
ng upo
uponn the
• The purpose of the general rule is not determinative of the
subject thereof and operate as a general rule for settling such
 proper construction to be given toto the exceptions.
questions as are embraced therein.
• Purpose
Purp ose of statut
statutee is mor
moree imp
import
ortant
ant than the rules of
•
When
neitherthe text of anor
necessity statute is clear
propriety toand unambiguous,
resort there or
to the headings is grammar and logic in ascertaining the meaning
epigraphs of a section for interpretation of the text, especially
Dictionaries
when they are mere reference aids indicating the general
• A statute does not define word or phrases used.
nature of the text that follows.
• Generally define words in their natural plain and ordinary
Lingual text acceptance and significance.
• Rule is that, unless provided, where a statute is promulgated
Consequences of various constructions
in English and Spanish, English shall govern but in case of
ambiguity, Spanish may be consulted to explain the English • Inquired as an additional aid to interpretation.
text. • A construction of a statute should be rejected that will cause
• A statute is officially promulgated in Spanish or in English, injustice and hardship, result in absurdity, defeat legislative
or in Filipino intent
intent or spirit
spirit,, pre
preclu
clude
de acc
accomp
omplis
lishme
hment
nt of legisl
legislati
ative
ve
 purpose or object, render certain words or phrases a
•  “In the interpretation of a law or administrative issuance
surplusage, nullify the statute or make any of its provisions
 promulgated in all the official languages, the English text
nugatory.
shall control, unless otherwise provided.
Presumptions
Intent or spirit of law • Based on logic, experience, and common sense, and in the
absence
absen ce of compe
compelling
lling reason
reasonss to the contr
contrary,
ary, doubts as to
• It is the law itself.
the pro
proper
per and correc
correctt con
constr
struct
uction
ion of a statut
statutee will
will be
• Contro
Con trolli
lling
ng factor
factor,, le
leadi
ading
ng star
star and gui
guidin
ding
g lig
light
ht in the
resolved in favor of that construction which is in accord with
application and interpretation of a statute.
the presumption on the matter.
• A statute must be according to its spirit or intent. o Constitutionality
Constitutionalit y of a statute
• The courts cannot assume an intent in no way expressed and o Completeness
then
then conconstr
strue
ue the statut
statutee to acc
accomp
omplis
lish
h the sup
suppos
posed
ed
o Prospective operation
intention;
inte ntion; other
otherwise
wise they would pass beyond the bounds of
o Right and justice
 judicial power to usurp legislative
legislative power.
o Effect
Effective
ive,, sensi
sensible
ble,, ben
benefi
eficia
ciall and reason
reasonabl
ablee
Policy of law operation as a whole
o Against inconsistency and implied repeal
• Should be given effect by the judiciary.
• One way to accomplish this mandate is to give a statute of  unnecessary changes in law
doubtful meaning, a construction that will promote public  impossibility
 policy.  absurdity
 injustice and hardship
Tinio v. Francis  inconvenience
• Policy of the law – to conserve the land of the homesteader   ineffectiveness.
• xxx not be subject to encumbrance/ alienation from the date
of the approval of the application and for a term of 5 years LEGISLATIVE HISTORY
from and after the date of the issuance of the patent or grant
o from the ORDER for the issuance of patent Generally
o if literal interpretation is to be used, policy will be • A statute is susceptible of several interpretations or where
defeated there is ambiguity in the language, there is no better means
of ascertaining the will and intention of the legislature than
Cajiuat v. Mathay that which is afforded by the history of the statute.
•  policy – against double pensions
pensions for the same servi
services
ces
• a law which grants retirable employees certain gratuity “in What constitutes legislative history
addit
add ition
ion to other
other ben
benefi
efits
ts whi
which
ch they
they are entitl
entitled
ed unde
underr • Histor
Historyy of a statut
statutee ref
refers
ers to al
alll its antec
antecede
edents
nts from its
existing laws” CANNOT be construed as to authorize the inception until its enactment into law.
grant of double gratuity • Its history proper covers the period and the steps done from
• “other benefits” may be the time the bill is introduced until it is finally passed by the
o
Refund of contributions legislature.
o Paymen
Paymentt of the mon money
ey value
value of accumu
accumulat
lated
ed • What it includes:
vacation and sick leaves o Pr
Pres
esid
iden
ent’
t’ss me
mess
ssag
agee if the
the bill
bill is enac
enacte
ted
d in
response thereto,
o The explanatory note accompanying the bill
 

o Committee reports of legislative investigations • Courts are permitted to prior laws on the same subject and to
o Public hearings on the subject of the bill investigate the antecedents of the statute involved.
o Sponsorship speech • This is applicable in the interpretation of codes, revised or
o Debates and deliberations concerning the bill co
comp
mpililed
ed st
stat
atut
utes
es,, fo
forr the
the prio
priorr la
law
w whi
which
ch have
have been
been
o Amendments and changes in phraseology in which codifi
cod ified,
ed, com
compil
piled
ed or revise
revisedd will
will show
show the legisl
legislati
ative
ve
it undergoes before final approval thereof. history that will clarify the intent of the law or shed light on
o If the statute
statute is bas
based
ed from a revisi
revision,
on, a pri
prior
or the meaning and scope of the codified or revised statute.
statut
statute,
e, the la latte
tter’s
r’s pra
practi
ctical
cal app
applic
licati
ation
on and
 judicial construction,
construction,  Peo. v. Manantan
o Various amendments it underwent • Issue: whether or not justice of peace is included
o Contemporary events at the • Contention of Manantan, who is a justice of peace, is that the
omission of “justice of peace” revealed the intention of the

President’s message to legislature •

legislature to exclude
Held: contention such In
denied. from its operation
holding that the word “judge”
• The president shall address the congress at the opening of its
regular session or appear before it at any other time. includes “justice of peace”, the Court said that “a review of
• Usually contains proposed legal measures. the history of the Revised Election Code will help justify and
clarify the above conclusion”
• Indicates
Indicates his think
thinking
ing on the proposed legis
legislati
lation,
on, when
enacted into law, follows his line of thinking on the matter.
 Director of Lands v. Abaya
Abaya
Explanatory note • When to count the 10-year period, either from the date the
decision was rendered or from the date judicial proceedings
• A short exposition of explanation accompanying a proposed
instituted in cadastral cases
legislation by its author or proponent.
• Held: court resolved the issue by referring to 4 older laws
• Where there is ambiguity in a statute or where a statute is
which have in common that counting of the period starts
susceptible of more than one interpretation, courts may resort
from the date of the institution of the judicial proceeding and
to the explanatory note to clarify the ambiguity and ascertain
not from the date the judgment is rendered
the purpose or intent of the statute.
• Used to give effect to the purpose
purpo se or intent as disclosed in its
explanatory note.
Salaysay v. Castro
• A statut
statutee aff
affect
ected
ed or change
changed d an exiexisti
sting
ng law and the
explanatory note to the bill which has eventually enacted into • “Actually holding” ~ “lastly elected”
• Thus, a vice mayor acting as mayor is not included in the
a law states that the purpose is too simply to secure the
 provision
 prompt action on a certain matter by the officer concerned
and not to change the existing law; the statute should be
Change in phraseology by amendments
construed to carry out such purpose.
• Intents to change the meaning of the provision.
• It may be used as a basis for giving a statute a meaning that
is inconsi
inconsiste
stent
nt with
with wha
whatt is exp
expres
ressed
sed in the text of the • A st stat
atut
utee has
has unde
undergrgone
one seve
severa
rall am
amen
endm
dmenents
ts,, ea
each
ch
statute. amendm
ame ndment
ent using
using differ
different
ent phr
phrase
aseolo
ology,
gy, the delibe
deliberat
ratee
selection of language differing from that of the earlier act on
Legislative debates, views and deliberations the subject indicates that a change in meaning of the law was
intended and courts should so construe that statute as to
• Courts may avail to themselves the actual proceedings of the
reflect such change in meaning.
legislative body to assist in determining the construction of a
statute of doubtful meaning.
Commissioner of Customs v. CTA
• There is doubt to what a provision of a statute means, that
• “national port” (new law) not the same as “any port” (old
me
mean
anin
ing
g whic
which
h was
was put
put to th thee prov
provis
isio
ion
n duri
during
ng the
the
law); otherwise, “national” will be a surplusage
legislat
legislative
ive delibera
deliberation
tion or discu
discussion
ssion on the bill may be

adopted. Amendment by deletion

• Views expressed are as to the bill’s purpose, meaning or
• Deletion of certain words or phrases in a statute indicates
effect are not controlling in the interpretation of the law.
that the legislature intended to change the meaning of the
• It is impo
impossssib
ible
le to de dete
term
rmin
inee with
with auth
author
orit
ity
y whwhat
at
statute, for the presumption is that the legislation would not
construction was put upon an act by the members of the
have made the deletion had the intention been not effect a
legislative body that passed the bill.
change in its meaning.
• The opiopinio
nions
ns exp
expres
ressed
sed by leg
legisl
islato
ators
rs in the cou
course
rse of
• A statute containing a provision prohibiting the doing of a
debates concerning the application of existing laws are not
certain thing is amended by deleting such provision.
also given decisive weight, especially where the legislator
was not a member of the assembly that enacted the said laws.
Gloria v. CA
• When a statute is clear and free from ambiguity, courts will
• Issue: whether a public officer or employee, who has been
not inquire into the motives which influence the legislature
 preventively suspended pending investigation of the
or individual members, in voting for its passage; no indeed
administrative charges against him, is entitled to his salary
as to the intention of the draftsman, or the legislators, so far
and other benefits during such preventive suspension
as it has not been expressed into the act.
• Held: Court answered in the negative because such provision
with regard to payment of salaries during suspension was
Reports of commissions
• Commissions are usually formed to compile and collate all deleted in the new law
laws on a particular subject and to prepare the draft of the
 Buenaseda v. Flavier 
Flavier 
 proposed code.
• Ombusman and his deputy can only preventively suspend
respondents in administrative cases who are employed in his
Prior laws from which statute is based
 

office, and not those who are employees in other department • Law is not a watertight compartment sealed or shut off from
or offices of the government the contact
contact with the drama of life which unfolds before our
eyes.
Exceptions to the rule (of amendment by deletion)
• An amendment of the statue indicates a change in meaning CONTEMPORARY CONSTRUCTION
from that which the statute originally had applies only when
the intention is clear to change the previous meaning of the Generally
old law. • Are the constructions placed upon statutes at the time of, or
• Ru
Rule
less don’
don’tt ap
appl
ply
y when
when thethe inte
intent
nt is clea
clearr that
that the
the after their enactment by the executive, legislative or judicial
amendment is precisely to plainly express the construction of authorities, as well as by those who involve in the process of
the act prior to its amendment because its language is not legislation are knowledgeable of the intent and purpose of
sufficiently expressive of such construction. the law.
• Frequently, words do not materially affect the sense will be • Contemporary construction is strongest in law.
omitte
omi tted
d fro
from
m the statut
statutee as incorpo
incorporat
rated
ed in the code or
revised statute, or that some general idea will be expressed in Executive construction, generally; kinds of 
 brief phrases. • Is the construction placed upon the statute by an executive or
administrative officer.
Adopted statutes • Three types of interpretation
• Foreign statutes are adopted in this country or from local o Constructi
Const ruction
on by an execu
executive
tive or admin
administra
istrative
tive
laws are patterned form parts of the legislative history of the officer directly called to implement the law.
latter. o Constr
Con struct
uction
ion by the secret
secretary
ary of justic
justicee in his
• Local statutes are patterned after or copied from those of capa
capaci
city
ty as the
the chie
chieff le
lega
gall advi
advise
serr of the the
another country, the decision of the courts in such country government.
construing
const ruing those laws are entitled
entitled to great weig
weight
ht in the o Handed down in an adversary proceeding in the
interpretation of such local statutes. form of a ruling by an executive officer exercising
quasi-judicial power.
Limitations of rule
• A statute which has been adopted from that of a foreign Weight accorded to contemporaneous construction
co
count
untry
ry sh
shou
ould
ld be co
cons
nstr
true
ued
d in ac
acco
corda
rdanc
ncee with
with the
the • Where there is doubt as to the proper interpretation of a
construction given it in the country of origin is not without statut
statute,
e, the unifor
uniformm con
constr
struct
uction
ion placed
placed upon it by the
limitations. ex
exec
ecut
utiv
ivee or adadmi
mini
nist
stra
rati
tive
ve off
offic
icer
er ch
char
arge
ged
d wiwith
th ititss
enforc
enforceme
ement
nt will
will be ado
adopte
pted
d if necess
necessary
ary to res
resolv
olvee the
Principles of common law doubt.
• Known as Anglo-
Anglo-Ameri
Americancan jurisprud
jurisprudence
ence which is no in • True expression of the legislative purpose, especially if the
force in this country, save only insofar as it is founded on construction is followed for a considerable period of time.
sound principles applicable to local conditions and is not in
confli
con flict
ct with
with existi
existing
ng law
law,, nev
nevert
erthel
heless
ess,, man
manyy of the  Nestle Philippines,
Philippines, Inc. v. CA
 principles of the common law have been imported into this • Reasons for why interpretation of an administrative agency
 jurisdiction as a result of the enactment of laws and is generally accorded great respect
establishment of institutions similar
similar to those of the US. o Emergence of multifarious needs of a modernizing
society
o Al
Also
so rerela
late
tess to expe
experirien
ence
ce and
and grow
growthth of
specia
specializ
lized
ed capabi
capabilit
lities
ies by the admadminiinistr
strati
ative
ve
agency
Conditions at time of enactment
o They have the competence, expertness, experience
• In enact
enacting
ing a stat
statute,
ute, the legis
legislatur
laturee is presumed to have
and inform
informeded judgme
judgment,
nt, and the fac
factt that
that they
they
taken into account the existing conditions of things at the frequently are the drafters of the law they interpret
time of its enactment.
• In the interp
interpret
retati
ations
ons of a statut
statute,
e, con
consid
sider
er the phy
physic
sical
al  Philippine Sugar Central v. v. Collector of C
Customs
ustoms
conditions of the country and the circumstances then obtain
• Issue: whether the government can legally collect duties “as
understanding as to the intent of the legislature or as to the
a charge for wharfage” required by a statute upon all articles
meaning of the statute.
exported through privately-owned wharves
• Held: the court reasoned in the affirmative by saying “the
History of the times
language of the Act could have been made more specific and
• A court may look to the history of the times, examining the
cer
certai
tain,
n, but in view
view of its histo
history,
ry, its long con
contin
tinuou
uouss
state of things existing when the statute was enacted.
construction, and what has been done and accomplished by
• A statute should not be construed in a spirit as if it were a an
andd und
under
er it
it,, we ar aree cl
clea
earl
rly
y of the
the opin
opinio
ion
n that
that the
the
 protoplasm floating around in space.
space. government is entitled to have and receive the money in
• In determining the meaning, intent, and purpose of a law or question, even though the sugar was shipped from a private
constitutional provision, the history of the times of which I wharf
grew and to which it may be rationally supposed to bear
some direct relationship,
relationship, the evil
evilss inten
intended
ded to be remed
remedied
ied Weight accorded to usage and practice
and the good to be accompaccomplis
lished
hed are pro
proper
per subje
subjects
cts of
• Common usage andapractice under the statute,
inquiry. conduct indicating particular undertaking ofor
it,aespecially
course of
• Law being a manifestation of social culture and progress where the usage has been acquiesced in by all the parties
must be interpreted taking into consideration the stage of concerned and has extended over a long period of time.
such culture and progre
progress
ss inclu
including
ding all the concomit
concomitant
ant
circumstances.
 

• Optimus interpres rerum usus – the best interpretation of the • It is an invaluable aid in the construction or interpretation of
law is usage. statutes of doubtful meaning.
• Stare decisis et non quieta movere – one should follow past
 precedents and should not disturb what has been sett settled.
led.
• Supreme
Supr eme Court has the constconstitu
itutio
tional
nal duty not onl onlyy of
Construction of rules and regulations interpreting and applying the law in accordance with prior
• This rule-making power, authorities sustain the principle that doct
doctririne
ness but
but al
also
so of prot protec
ecti
ting
ng soci
societ
ety
y frfrom
om the the
the interpretation by those charged with their enforcement is im
impro
provi
vide
denc
ncee an
andd wawant
nton
onne
ness
ss wr wroug
ought
ht by need needle
less
ss
en
enti
titl
tled
ed to gre
great
at we
weig
ight
ht by the
the co
cour
urtt in the
the latt
latter
er’s
’s upheavals in such interpretations and applications
construction of such rules and regulations. • In order that it will come within the doctrine of stare
of  stare decisis,
decisis,
must be categorically stated on an issue expressly raised by
Reasons why contemporaneous construction is given much weight the parties; it must be a direct ruling, not merely an obiter
• It is entitl
entitled
ed to gre
great
at weigh
weightt bec
becaus
ausee it com
comes
es from
from the dictum
 particular branch of government called upon to implement • Obiter dictum – opinion expressed by a court upon some
the law thus construed. question of law which is not necessary to the decision of the
• Are presumed to have familiarized themselves with all the case before it; not binding as a precedent
considerat
consi derations
ions pertinen
pertinentt to the meani
meaning
ng and purpos
purposee of the • The principle presupposes that the facts of the precedent and
law, and to have formed an independent, conscientious and the case to which it is applied are substantially the same.
competent expert opinion thereon • Where the facts are dissimilar, then the principle of stare
decisis does not apply.
• The rule of stare decisis is not absolute. It does not apply
when there is a conflict between the precedent and the law.
When contemporaneous construction disregarded
• The duty of the court is to forsake and abandon any doctrine
• When there is no ambiguity in the law. or rule found to be in violation of law in force
• If it is clearly erroneous, the same must be declared null and • Inferior courts as well as the legislature cannot abandon a
void.  precedent enunciated by the SC except by way of repeal or
amendment of the law itself 
Erroneous contemporaneous construction does not preclude correction
nor create rights; exceptions CHAPTER FOUR: Adherence to, or departure from, language of
• The doctrine of estoppel does not preclude correction of the statute
erron
erroneo
eous
us cocons
nstr
truc
ucti
tion
on by thethe off
offic
icer
er hims
himsel
elff by his
his
successor or by the court in an appropriate case. LITERAL INTERPRETATION
INTERPRETATION
• An errone
erroneous
ous conte
contemporea
mporeaneous
neous const
constructi
ruction
on creates
creates no
vested right on the part of those relied upon, and followed Literal meaning or plain-meaning rule
such construction. • Ge
Gene
nera
rall ru
rule
le:: if st
stat
atut
utee is cl
clea
ear,
r, plai
plainn an
andd fre
freee fro
from
m
ambiguity,
ambig uity, it must be given its lit
literal
eral meanin
meaningg and applied
Legislative interpretation without attempted interpretation
• Take form of an implied acquiescence to, or approval of, an o Verba legis
executive or judicial construction of a statute. o In
Inde
dexx an
anim
imii serm
sermoo – spee
speech
ch is the
the inde
index x of
• The legislature cannot limit or restrict the power granted to intention
the courts by the constitution. o Words employed
employed by the legisla
legislature
ture in a stat
statute
ute
correctly express its intent or will
Legislative approval o Verba legis non est recedendum – from the words
• Le
Legi
gisl
slat
ativ
ivee is pres
presum
umed
ed to have
have fu
full
ll kno
knowl
wled
edge
ge of a of a statute there should be no departure
contemporaneous or practical construction of a statute by an o Thus,
Thu s, what is not clea
clearly
rly provi
provided
ded in the law
ad
admi
mini
nist
stra
rati
enforcement.tive
ve or ex exec
ecut
utiv
ivee offi
office
cerr chchar
arge
ged
d with
with its
its cannot be extended to those matte
cannot matters
rs outside its
scope
• The legislature may approve or ratify such contemporaneous • Judicia
Judiciall legisl
legislati
ation
on – an encencroa
roachm
chment
ent upo
uponn legisl
legislati
ative
ve
construction.  prerogative to define the wisdom of the law
• May
May also
also be showshowmen
men by the leg legisl
islatu
ature
re app
approp
ropria
riatin
ting
g o Courts
Cou rts must adm
admini
iniste
sterr the law as they
they fin
find
d it
money for the officer designated to perform a task pursuant without regard to consequences
to interpretation of a statute.
• Legislative ratification
ratification is equivalent to a mandate.  National Federation of Labor v. NLRC 
• Employees were claiming separation pay on the basis of Art.
Reenactment 283 Labor Code which states that “employe “employerr MAY also
• Most common act of approval. ter
termin
minatatee the emp
employ
loymen
mentt of an emp
employ
loyee”
ee” for reareason
sonss
• The
The re re-e
-ena
nact
ctme
ment
nt of a statstatut
utee, pr
prev
evio
ious
usly
ly give
given
n a therein by serving notice thereof and paying separation pay
contemporaneous construction is persuasive indication of the to affected employees
adoption by the legislature of the prior construction. • There was compulsory acquisition by the government of the
• Re-enactment if accorded greater weight and respect than the employer’s land (Patalon Coconut Estate) for purposes of
conte
con tempo
mporan
raneou
eouss con
constr
struct
uction
ion of the statut
statutee before
before its agrari
agrarian
an ref
reform
orm whiwhich
ch for
forced
ced the emplo
employer
yer to cease
cease his
ratification. operation
• Issue: whether or not employer is liable for separation pay?
Stare decisis • Held: NO, employer is not liable for separation pay!
• Judicial interpretation of a statute and is of greater weight o  It is a unilateral and voluntary act by
b y the employer
than that of an executiv
executivee or admin
administra
istrative
tive officer in the if he wants to give separation pay
construction of other statutes of similar import.
 

o This is gleaned from the wording “MAY” in the o Legegiisl

slat
ativ
ivee inte
ntent is alslso
o shshow
ownn by the
statute deliberations on the bill that became RA 6735…
o “MAY” denotes that it is directory in nature and (there are 4 more reasons – see page 130-131,
generally permissive only which are not so important)
o Plain-meaning rule is applicable • Int
Interp
erpret
retati
ation
on of RA 6735 was not in keepin keepingg with
with the
o An
Ano o yun,
yun, ipipap
apas
asar
araa ng go gove
vern
rnme
ment
nt tapo
taposs maxim interpretation fienda est ut res magis valeat quam
magbabayad pa ang employer ng separation pay?!?  pereat – that interpretation as will give the thing efficacy is
Ang daya-daya! Lugi na nga si employer, kikita pa to be adopted
si employee?!? Unfair! Cannot be! No! No!
o To dep
depart
art from the meani
meaning
ng exp
expres
ressed
sed by the What is within the spirit is within the law
words is to alter the statute, to legislate and not • Do
Don’
n’tt li
lite
tera
rall
lly
y cons
constr
true
ue the
the la
law
w if it wi
will
ll re
rend
nder
er it
interpret meaningless, lead to ambiguity, injustice or contradiction
o •
Maledicta est exposition
dangerous construction quaeiscorrumpit
which textum
against the text – •
The spirit
Ratio legisof–the law controlsaccording
interpretation its letter  to the spirit or reason
of the law
Dura lex sed lex • Spirit or intention of a statute prevails over the letter 
• Dura lex sed lex – the law may be harsh but it is still the law • A lalaw
w shou
shouldld ac
acco
cord
rdin
ingl
gly
y be so co cons
nstr
true
ued
d as to be in
• Absolu
Abs oluta
ta senten
sententi
tial
al exp
exposi
ositor
toree non indige
indigent
nt – whe
when n the accordance with, and not repugnant to, the spirit of the law
language of the law is clear, no explanation of it is required • Presumption: undesirable consequences were never intended
• When the law is clear, it is not susceptible of interpretation.  by a legislative measure
It must be applied regardless of who may be affected, even if
it may be harsh or onerous Literal import must yield to intent
• Hoc quidem perquam durum est, sed ital ex scripta est – it is • Verba intentioni,
intentioni, non e contra, debent inservire – words
exceedingly hard but so the law is written ought to be more subservient to the intent and not the intent
• A decent regard to the legislative will shoud inhibit the court to the words (ahhh parang intent is to woman as word is to
from engaging in judicial legislation to change what it thinks man – so man is subservient to woman… logical!)
are unrealistic statutes that do not conform with ordinary • Guide in ascertaining intent – conscience and equity
ex
expe
peri
rien
ence
ce or prac
practi
tice
ce (res
(respe
peto
to nala
nalang
ng sa atin
ating
g mgmgaa • So it is possible that a statute may be extended to cases not
mambabatas! Whatever?!? Haha joke only) within the literal meaning of its terms, so long as they come
• If there is a need to change the law, amend or repeal it, within its spirit or intent
remedy may be done through a legislative process, not by
 judicial decree Limitation of rule
• Where the law is clear, appeals to justice and equity as • Construe (intent over letter) only if there is ambiguity!
 justification to construe it differently are unavailing –
Phi
Philip
lippin
pines
es is gove
governe
rned
d by CIV CIVIL
IL LAW or POSPOSITI
ITIVE
VE Construction to accomplish purpose
LAW, not common law • PURPOSE or REASON which induced the enactment of the
• Equity is available only in the absence of law and not its statute – key to open the brain of the legislature/ legislative
replacement – (so, pag may law, walang equity equity! Pero intent!
 pag walang law, pwedeng mag-equity, gets?!?... important • Statutes
Statu tes should be const
construed
rued in the light of the objec
objectt to be
to!) achieved and the evil or mischief to be suppressed
• Aequitas nunquam contravenit legis – equity never acts in • As betwe
betweenen two stat
statutory
utory interpret
interpretatio
ations,
ns, that which bett
better
er
contravention of the law serves the purpose of the law should prevail

DEPARTURE FROM LITERAL INTERPRETATION Sarcos v. Castillo

• This case expla
explains
ins why legi
legislat
slative
ive purpose to deter
determine
mine
Statute must be capable of interpretation, otherwise inoperative
• If no judicial certainty can be had as to its meaning, the court legislative intent
• Frankfurter 
is not at liberty to supply nor to make one o Legislative words are not inert but derived vitality
from the obvious purposes at which they are aimed
Santiago v. COMELEC  o Legislation – working instrument of government
• In this
this case,
case, the Court ado adopte
pted
d a litera
literall mea
meanin
ning
g thus,
thus, and not merely as a collection of English words
concluded
concluded that RA 6735 is inadequat
inadequatee to implemen
implementt the • Benjamin Natham Cardozo
 power of the people to amend the Constitution (initiative on o Legislation is more than a composition
amendments) for the following reasons: o It is an active instrume
instrumentnt of govern
government
ment which
o Does not sugge
suggestst an init
initiati
iative
ve on amen
amendment
dmentss on
means that laws have ends to be achieved
to the
the Co
Consnsti
titu
tuti
tion
on beca
becaus
usee it is sile
silent
nt as to
• Holmes
amendm
ame ndment
entss on the ConConsti
stitut
tution
ion and the worwordd
o Words are flexible
“Constitution” is neither germane nor relevant to
o The general purpose is a more important aid to the
said section
meaning than any rule which grammar or formal
o Does not provide for the contents of a petition for
logic may lay down
initiative on the Constitution
o Courts are apt to err by sticking too closely to the
o Does not provide for subtitles for initiative on the
words of law where those words import a policy
Constitution that goes beyond them
o RA is incomplete and does not provide a sufficient
standard
Soriano v. Offshore Shipping and Manning Corp
• Justice Puno (ano?!? Justice Tree?!) dissents:
• A literal interpretation is to be rejected if it would be unjust
or lead to absurd results
 

• So ano na?!?
Illustration of rule
Godines v. CA
 King v. Hernandez  • Patent Law – grants the patentee
p atentee the exclusive right to make,
• Issue: whether or not a Chinese (parang si RA and Serge) use, and sell his patented machine, article or product xxx
may be empemploy
loyed
ed in a non
non-co
-contr
ntrol
ol pos
positi
ition
on in a ret
retail
ail • Doctrine of equivalents – when a device appropriates a prior
establish
establishment,
ment, a wholl
wholly
y nati
nationali
onalized
zed busine
business
ss under RA invention by incorporating its innovative concept, and albeit
1180 Retail Trade Law (btw, wala na tong law na ‘to. It has with some modification and change, performs substantially
 been repealed by the Retail Trade Liberalization Act – my the same function in substantially the same way to achieve
thesis! ) subs
substa
tant
ntia
iall
lly
y the
the same
same re resu
sult
lt (a
(ano
no ba ‘t ‘to?
o?!?
!? Puro
Puro
• Held: No! (kasi duduraan ka lang ng mga intsik! Joke only!) substantially?)
the law has to be construed with the Anti-Dummy Law –
 Planters Association of Southern Negros, Inc. vv.. Ponferrada
 prohibiting an alien from intervening in the management, • 2 apparently conflicting provisions should be construed as to
operation, administration or control thereof 
• When
Whe n the law sayssays you canno
cannott emp
employ
loy such alien
alien,, you realize the purpose of the law
cannot employ an alien! The unscrupulous alien may resort • The purpose
purpose of the law is to INC INCREA
REASE
SE the worke
worker’s
r’s
to flout the law or defeat its purpose! (maggulang daw mga  benefits
intsik… ultimo tubig sa pasig river, which is supposed to be • Benefi
Ben efits
ts und
under
er RA 698
69822 shall
shall be IN ADD
ADDITIITION
ON to the
free, bottles it and then sells it! Huwat?!?)  benefits under RA 809 and PD 621
• It is imperative that the law be interpreted in a manner that • “Substituted” cannot be given literal interpretation
woul
would d stav
stavee off
off an
any
y atte
attemp
mptt at circ
circum
umve
vent
ntio
ion
n of thethe
legislative purpose When reason of law ceases, law itself ceases
• The reason which induced the legislature to enact a law is the
 Bustamante v. NLRC  heart of the law
• Issue: how to compute for backwages to which an illegally • Cessante ratione legis, cessat et ipsa lex – when the reason of
dismis
dismissed
sed emp
employ
loyee
ee wouwould
ld be entitl
entitled
ed until
until his actual
actual the law ceases, the law itself ceases
reinstatement (take note of this case.. it’s a labor case… kiliti • Ratio legis est anima – reason of the law is its soul
ni Golangco)
• 3 ways:  Peo v. Almuete
o 1st – before Labor Code – to be deducted from the • Agricultura
Agric ulturall Tenan
Tenancy
cy Act is repea
repealed
led by the Agricultu
Agricultural
ral
amount of backwbackwages
ages is the earnings elsewh
elsewhere
ere Land Reform Code
during the period of illegal dismissal • Agri
Agricu
cult
ltura
urall Te
Tena
nanc
ncyy Ac
Actt – puni
punish
shes
es pr
prer
erea
eapi
ping
ng or
 prethreshing of palay on a date other than that previously set
o 2nd  – Labo
Laborr Code
Code Art
Art.. 27
2799 – the
the amou
amount
nt of
without the mutual consent of the landlord and tenant
 backwages is fixed without deductions or
o Share tenancy relationship
qualifications but limited to not more than 3 years
• Agricultural Land Reform Code – abolished share tenancy
o 3rd – amended Art. 279 – full backwages or without
relationship, thus does not punish prereaping or prethreshing
dedu
deducction
tionss fr from
om the
the time
time the the labo
labore
rer’
r’ss of palay on a date other than that previously set without the
co
comp
mpenensa
sati
tion
on wawass with
withheheld
ld unt
until
il his
his ac
actu
tual
al mutual consent of the landlord and tenant anymore
reinstatement o Leasehold system
• The clear legislative intent of the amendment in RA 6715
(Labor Code) is to give more benefits to workers than was Commendador v. De Villa
 previously given them under the Mercury Drug rule or the 1st • Is
Issu
sue:
e: whet
whethe
herr PD 39,
39, whic
which
h with
withdr
drew
ew the
the ririgh
ghtt to
way  peremptorily challenge members of a military tribunal, had
 been rendered inoperative by PD 2045 proclaiming the

US v.•Toribio termination of a state of martial law

The pro
prohib
hibiti
ition
on of the slaugh
slaughter
ter of caraba
carabaos
os for hum
humanan • Held:
Hel d: YES
YES!! The termi
terminat
nation
ion of the marti
martial
al law and the
consumption so long as these animals are fit for agricultural dissolution
dissolution of mili
military
tary tribu
tribunals
nals crea
created
ted there
thereunder
under,, the
work/ draft purposes was a “reasonable necessary limita
limitation”
tion” reason for the existence of PD 39 ceased automatically and
on private ownership the decree itself ceased
• Purpose or object of the law – to protect large cattle against
theft and to make easy recovery and return of such cattle to Vasquez v. Giap
their owners, when lost, strayed or stolen • Where the mischief sought to be remedied by a statute has
• Iss
Issue:
ue: whe
whethe
therr the slaught
slaughter
er of large
large cattl
cattlee outsid
outsidee the already been removed in a given situation, the statute may no
longer apply in such case
municipal slaughterhouse without a permit by the municipal
treasurer is prohibited? • The law bans aliens from acquiring and owning lands, the
 purpose is to preserve the nation’s lands for future
• Held: YES! Outside or inside without permit is prohibited
generations of Filipinos
 Bocobo v. Estanislao • A sale of land in favor of an alien, in violation of the said
law,, no longer
law longer be que
questi
stione
oned
d after
after the alien becom
becomeses a
• Issue: whether the CFI and a municipal court in the capital of
Filipino citizen
a province have concurrent jurisdiction over the crime of
Supplying legislative omission
libel
• xxx if it is clearly ascertainable from the CONTEXT!
• RPC – grants jurisdiction with CFI
• May supply legislative omission to make the statute conform
• Judiciary Act grants jurisdiction with the municipal court in
to obvious intent of the legislature or to prevent the act from
the capital of a province in offenses where the penalty is not
 being absurd
moree than
mor than pri
prissi
ssion
on correc
correctio
tional
nal or fine
fine not exc
exceed
eeding
ing
6,000Php (penalty for libel) •  Note: differentiate from judicial legis
legislation
lation
 

 The
The dayday of thethe comm
commis issi
sion
on of thethe
violation
Correcting clerical errors  From
From the the ti
time
me of disc discov
over
ery
y AN
AND D
• As long as the meaning intended is apparent on the face of institutio
institution
n of judic
judicial
ial proce
proceedings
edings for
the whole enactment and no specific provision is abrogated investigation and punishment
• This is not judicial legislation • But the prevailing rule is that prescriptive period is tolled
upon the institution of judicial proceedings – an act of grace
Illustration rule  by the State
• Court held that the phrase “institution of judicial proceedings
 Rufino Lopez & Sons, Inc. v.
v. CTA for it
itss inve
invest
stig
igat
atio
ion
n and
and puni
punish
shme
ment
nt”” ma
may y be ei eith
ther
er
• Co
Cour
urtt ch
chan
ange
ge the
the phrphras
asee “c
“col
olle
lect
ctor
or of cucust
stom
oms”
s” to disregarded as surplusage or should be deemed preceded by
“commissioner of customs” to correct an obvious mistake in the word “until”
law
• Sec 7 – “comm
“commissission
ioner
er of cus
custom
toms”s” – gra
grants
nts the CTA Oliveros v. Villaluz 
 jurisdiction to review decisions of the Commissioner of • Issue: whether or not the suspension order against an elective
Customs official following an information for violation of the Anti-
• Sec 11 – “collector of customs” – refers to the decision of the Graft law filed against him, applies not only to the current
Collector of Customs
Customs that may be appealed tto o the tax court term of office but also to another term if the accused run for
• “Commissioner” prevails – Commissioner of Customs has reelection and won
supervision and control over Collectors of Customs and the • Sec 13 of the Anti-Graft Law – suspension unless acquitted,
decisions of the latter are reviewable by the Commissioner of reinstated!
Customs • Held: only refers to the current term of the suspended officer
(and not to a future unknown and uncertain new term unless
 Lamp v. Phipps supplemented by a new suspension order in the event of
• “Ordinary COURTS of law” to “Ordinary COURSE of law” reelection) for if his term shall have expired at the time of
acquit
acquittal
tal,, he wou
would
ld obv
obviou
iously
sly be no longer
longer entitl
entitled
ed to
 Farinas v. Barba reinstatement; otherwise it will lead to absurdities
• Issue: who is the appointing power to fill a vacancy created
 by the sanggunian member who did not belong to any  Peo v. Yu Hai
 political party, under the provision of the Local Government • Iss
Issue:
ue: when doedoess a cri
crime
me pun
punish
ishabl
ablee by arrest
arresto
o men
menoror
Code  prescribe?
• “local chief executive” – a misnomer  • State says 10 years as provided for in Art 90 RPC
• It should be “authorities concerned” o Art
Art.. 26 (corre
(correcti
ctiona
onall offe
offense
nses)
s) – max fine of
• Because the President is not a “local chief executive” but 200Php – correctional penalty – prescribes in 10
under Sec. 50 of the Local Government Code, the “President, years (Art. 90)
Governor, Mayor have the executive power to appoint in • Court held that this is not right!!!! It is wrong!
order to fill vacancies in local councils or to suspend local o Art. 9 (light offenses) – not more than 200Php –
officials light felonies – 2 months
o 1Php makes a difference of 9 years and 10 months!
Qualification of rule (of correcting clerical errors) (huwat?!?)
• Only
Onl y those
those whi
whichch are cle
clearl
arly
y cle
cleric
rical
al errors
errors or obv
obviou
iouss o Arresto mayor (correctional penalty) prescribes in
mistakes, omissions, and misprints; otherwise, is to rewrite 5 years
the law and invade the domain of the legislature, it is judicial o Less grave – prescribe even shorter 
legislation in the guise of interpretation o Also, prescriptive period cannot be ascertained not
until the court deci
decides
des which of the alterna
alternative
tive
Construction to avoid absurdity
• Reason: it is always presumed that the legislature intended  penalties
fine lang…should be imposed
yun lang po! – imprisonment ba or
exceptions to its language which would avoid consequences
of this character   Peo v. Reyes
• Thus, statutes may be extended to cover cases not within the • Dangerous Drugs Act
literal meaning of the terms if their exact and literal import • RA 7659
would lead to absurd or mischievous results o X < 200 grams – max penalty is reclusion perpetua
• Interpretation talis in ambiguis simper fienda est ut evitetur
o X > 200 gra grams
ms – mimin
n pe
penal
nalty
ty is reclus
reclusion
ion
inconveniens et absurdum – where there is ambiguity, such
 perpetua
interpretation as will avoid inconvenience and absurdity is to
 be adopted • Court ruled that:
o X < 200 grams – penalty ranging from prision
• Courts test the law by its results – if law appears to be
arbi
arbitr
trar
ary,
y, co
cour
urts
ts ar
aree not bou
bound
nd to apappl
ply
y it in slav
slavis
ish
h correctional to reclusion temporal
disobedience to its language  134-199grams – reclusion temporal
• Courts should construe a statute to effectuate, and not to  66-133 – prison mayor 
def
defea
eat,
t, its pro
provis
vision
ions;
s; nor render
render com
compli
plianc
ancee with
with its  Less than 66 grams – prision correcional
 provisions impossible to perform • Stat
StatCo
Conn – duty
duty of the
the cocour
urtt to harm
harmon
oniz
izee co
conf
nfli
lict
ctin
ing
g

 provisions
intention ofto give effect to the whole law; to effectuate the
legislature
 Peo v. Duque
• Surplusage!!!
• Sec. 2 of Act No. 3326 – prescription of offenses
o Prescription shall begin to run from  Malonzo v. Zamora
 

• Contention:
Conte ntion: the City Counsel of Calo
Caloocan
ocan cannot valivalidly
dly • “processes” in the proclamation that “all laws regulations
 pass an ordinance appropriating a supplemental budget for and proc
process
esses”
es” of the so-cal
so-called
led RP duri
during
ng the Ja
Japan
panese
ese
the purpose of expropriating a certain parcel of land, without occupation of the country “are null and void and without
first adopting or updating its house rules of procedure within legal effect” MAY NOT be construed to embrace JUDICIAL
the first 90 days following the election of its members, as PROCESSES as this would lead to great inconvenience and
required by Secs. 50 and 52 of the LGC  public hardship and public interest
interest would be endangered
• Court said this is absurd!!!! Contention is rejected! o Criminals freed
o Adop
Adoptition
on or upda
updati
ting
ng of hou
house
se rule
ruless wo
woul
uld
d o Vested right, impaired
necessaril
neces sarily
y enta
entail
il work… loca
locall counc
council’s
il’s hands
were tied and could not act on any other matter
matter if Construction in favor of right and justice
we hold the absurd contention! • Ar
Art.
t. 10 CCCC::  In ca
case
se of dou
doubt
bt in the
the inte
interpr
rpret
etat
atio
ion
n or
o So much inconvenience! Shiox! And this could not
application of laws, it is presumed that the law-making body
have been intended by the law intended right and justice to prevail
• Art
Art.. 9 CC: The fact that that a statut
statutee is silen
silent,
t, obscur
obscure,
e, or
Construction to avoid injustice
insufficie
insuff icient
nt with respe
respect
ct to a quest
question
ion before the court will
• Presumption – legislature did not intend to work a hardship not justi
justify
fy the lat
latter
ter from declinin
decliningg to render
render judgme
judgment
nt
or an oppressive result, a possible abuse of authority or act of thereon
oppression, arming one person with a weapon to impose
• In balancing conflicting solutions, that one is perceived to tip
hardship on the other 
the scales which the court believes will best promote the
• Ea est accipi
accipiend
endaa interp
interpret
retati
ation
on qua
quaee vitio
vitio caret
caret – that
that  public welfare is its probable o operation
peration as a general rule or
interpretation is to be adopted which is free from evil or  principle
injustice
Salvacion v. BSP 
 Amatan v. Aujero
• Greg Bartelli raped his alleged niece 10 times and detained
• Rodrigo Umpad was charged with homicide her in his apartment for 4 days
• Pursuant to some provision in criminal procedure, he entered • Court gave a favorable judgment of more than 1MPhp
into a plea bargaining agreement, which the judge approved
• BSP rejected the writ of attachment alleging Sec 113 of the
of, downgrading the offense charge of homicide to attempted
Centra
Cen trall Ban
Bankk Cir
Circul
cular
ar No. 960 (ap(appli
plicab
cable
le to tr trans
ansien
ientt
homicide to which Umpad pleaded guilty thereto.
foreigners)
• Hell
Hello?
o?!?
!? Nama
Namata tay
y na nga tapostapos atte
attemp
mpte
ted
d lang
lang?!
?!?? • Issue: whether the dollar bank deposit in a Philippine bank of
Mababaliw ako sayo, judge, whoever you are!!!
a foreign tourist can be attached to satisfy the moral damages
• Fiat justicia, ruat coelum – let the right be done, though the awarded in favor of the latter’s 12-year-old rape victim
v ictim
heavens fall (ano daw?!?)
• BS
BSP P did
did not honor
honor the
the wr
writ
it of at
atta
tach
chme
ment
nt pu
purs
rsua
uant
nt to
• Stated differently, when a provision of the law is silent or RA6426 Sec 8 – “foreign currency deposits shall be exempt
ambiguougs, judges ought to invoke a solution responsive to from attachment, garnishment, or any other order or process
the vehement urge of conscience (ahhh… ano daw ulit?!?) of any court, legislative body, government agency or any
administrative body whatsoever”
 Peo v. Purisima
• Court held that: ANO BA?!? Na-rape na nga ayaw pang
• It was contended that PD 9(3) – is a malum prohibitum; thus magbayad ng moral damages dahil lang sa isang silly law?!?
intent
intent to use suc
suchh proh
prohibi
ibited
ted wea
weapon
ponss is imm
immate
ateria
riall by (hehe.. joke lang.. I’m so bored na eh!)
reason of public policy o Court applied the principles of right and justice to
• Court said that use the preamble to construe such act whether  prevail over the strict and literal words of the
 penalized or not statute
• Moreov
Mor eover
er the cou
court
rt said
said that
that leg
legisl
islatu
ature
re did not intend
intend o The purpose of RA 6426 to exempt such assets
injustice, absurdity and contradiction fro
from
m att
attach
achmen
ment:
t: at the time the said la laww was
•
CourtogaveSoanifexample…
I borrowed a bolo then I return this to my enacted, the country’s economy was in a shambles.
But in the present time it is still in shambles... hehe
lend
lender
er,, then
then in the
the co
cour
urse
se or my journ
journey
ey I’m
I’m  joke lang… but in the present time,
time, the country has
caught, I’m penalized under the Decree for 5-10 recovered
recov ered eeconomi
conomicall
cally.
y. No rea reason
son why sucsuch
h
years imprisonment! (ang labo naman!) assets
assets cannot be atta
attached
ched especially
especially if it would
satisfy a judgment to award moral damages to a
Ursua v. CA 12-year-old rape victim!
• Issue: whether or not the isolated use, at one instance, of a
name other than a person’s true name to secure a copy of a Surplusage and superfluity disregarded
document from a government agency, constitutes violation • Where a word, phrase or clause in a statute is devoid of
of CA 142 – Anti-alias Law meaning in relation to the context or intent of the statute, or
• Held: NO! (isang beses lang naman eh.. hehehe joke lang!) where
whe re it sugges
suggests
ts a mea
meanin
ningg that
that nul
nulli
lifie
fiess the st
statu
atute
te or
o The purpose of the Anti-alias Law is to prevent renderss it witho
render without
ut sense, the word, phras
phrasee or claus
clausee may be
confusion and fraud in business
bu siness transactions rejected as surplusage and entirely ignored
o Such
Such isol
isolat
ated
ed use
use of a diff
differ
eren
entt name
name is not • Surplusagium non noceat – surplusage does not vitiate a
 prohibited by the law; otherwise, injustice, statute
absurdity and contradiction will result • Utile per inutile non vitiatur – nor is the useful vitated by the
non-useful
Construction to avoid danger to public interest
 Demafiles v. COMELEC 
COMELEC 
Co Kim Cham v. Valdez Tan Keh • Issue: whether a pre-proclamation election case has become
• Sa Consti ‘to ah! La lang… hehe (yihee, Serge!) moot because the proclaimed winner had immediately taken
 

his oath pursuant to Sec 2 RA 4870 which provides that the • Where time constraint and the surrounding circumstances
“first mayor, vice-mayor and councilors of the municipality make it impossible or the COMELEC to conduct special
of Sebaste shall be elected in the next general elections for registration of voters, the COMELEC cannot be faulted for
local officials and shall have qualified” refusing to do so, for the law does not require the impossible
• It was
was co cont
nten
ende
dedd that
that “s
“sha
hall
ll have
have qualqualif
ifie
ied”
d” begi
begins
ns to be done; there is no obligation to ho the impossible thing
immediately after their proclamation! • COMELEC’s decision is sustained
• Court held that this is wrong!
o The said phrase is a jargon and does not warrant  Number and gender of words
the respondent’s reading that the term of office of • When the context of a statute so indicates, words in plural
the first
first mun
munici
icipal
pal off
offici
icials
als of Seb
Sebast
astee beg
begins
ins include the singular, and vice versa.
immediately after their proclamation • A plural word in a statute may thus apply to a singular
o The King in ‘Ali
‘Alice
ce in Wonde
Wonderland
rland’:
’: if there is no  person or thing, just as a singular word may embrace two or

meaning in it,
know, as we that
need saves
not try toa find
world
anyof trouble, you •
more persons
Art. 996 CC –or(law
things
on successi
succession)
on) such article also applies
o Apply the general rule when such term begin – the to a si situ
tuat
atio
ion
n wher
wheree ther
theree is only
only one
one chil
child
d beca
becaus
usee
term of municipal officials shall begin on the 1 st “children” includes “child”
day of January following their election • Elec
Electi
tion
on Code
Code – “can “candidida
date
te”” comp
compre
rehe
hend
ndss “som
“somee
candidates” or “all candidates”
Redundant words may be rejected • On gender – the masculine, but not the feminine, includes all
• Self-explanatory, ano buzzzz?!? genders, unless the context in which the word is used in the
statute indicates otherwise
Obscuree or mis
Obscur missin
sing
g word or false
false des
descri
cripti
ption
on may not preprecl
clude
ude
construction IMPLICATIONS
• Falsa demonstration non nocet, cum de corpore constat –
false description
description does not precl
preclude
ude const
constructi
ruction
on nor viti
vitiate
ate Doctrine of necessary implication
the meaning of the statute which is otherwise clear  • So-called gaps in the law develop as the law is enforced
• StatCon rule: to fill in the gap is the doctrine of necessary
Exemption from rigid application of law implication
• Ibi quid generaliter conceditur – every rule is not without an • Doctrine states that what is implied in a statute is as much a
exception  part thereof as that which is expressed
• Inest haec exception, si non aliquid sit contras jus basque – • Ex necessitate legis – from the necessity of the law
where
whe re any
anythi
thing
ng is gra
grante
ntedd genera
generally
lly,, this
this exc
except
eption
ion is • Every statutory grant of power, right or privilege is deemed
implied to include all incidental power, right or privilege
• Compelling reasons may justify reading an exception to a • In eo quod plus sit, simper inest et minus – greater includes
rule even where the latter does not provide any; otherwise the lesser 
the rigor of the law would become the highest injustice – •  Necessity –
summum jus, summa injuria o includes such inferences as may be logically be
drawn from the purpose or object of the statute,
Law does not require the impossible from what the legis
legislatu
lature
re must be presumed to
•  Nemo tenetur ad impossible – the law obliges no one to have intended, and from the necessity of making
 perform an impossibility the statute effective and operative
• Impossibilium nulla obligation est – no obligation to do an o excludes what is merely plausible, beneficial, or
impossible thing desirable
• Impossible
Imposs ible compl
compliance
iance versus Subst
Substantia
antiall compl
complianc
iancee (as • must be consistent with the Constitution or to existing laws
required by law) • an implication which is violative of the law is unjustified or

 Lim co Chui v Posadas unwarranted

• Publication in the Official Gazette weekly, for three times Chua v. Civil Service Commission
and consecutively, to acquire jurisdiction over naturalization • Iss
Issue:
ue: whe
whethe
therr a coterm
cotermino
inous
us emp
employ
loyee
ee,, or one who
whose
se
case appointment is co-existent with the duration of a government
• It was an impossibility to fulfill such requirement as the OG  project, who has been employed as such for more than 2
was not, at the time, published weekly years, is entitled to early retirement benefits under Sec 2 RA
• Thus
Thus,, Cour
Courtt he
held
ld that
that comp
complilian
ance
ce wiwith
th the
the othe
otherr 2 6683
re
requi
quire
reme
ment
ntss woul
would d be deemdeemeded susuff
ffic
icie
ient
nt to ac
acqu
quir
iree • Court held that YES, Chua is entitled!
 jurisdiction over the naturalization
naturalization cas
casee o A coterminous employee is no different from a
casual or temporary employee, and by necessary
 Akbayan v. COMELEC  implication, the inclusion of the latter in the class
• This case is about the statutory grant of stand-by power to of government employees entitled to the benefits
the COMELEC as provided for in Sec. 28 RA 8436 of the law necess
necessari
arily
ly imp
implie
liess that
that the for
former
mer
• Petit
Petition
ioners
ers were
were asking
asking the respond
respondent
ent to exe
exerci
rcise
se suc
such
h should also be entitled to such benefits
 power so as to accommodate potential voters who were n not
ot o Wr
Wrong
ong apappl
plic
icat
atio
ion
n of thethe ma maxi
xim
m “e“expr
xpres
esio
io
able to register for the upcoming election uniusest exclusion alterius”
• COMELEC denied the petition alleging the impossibility of
late registration to accommodate potential voters Remedy implied from a right
• Cour
Courtt rule
ruledd that
that the
the pr
prov
ovis
isio
ion
n must
must be give
given
n such
such • Ubi jus, ibi remedium - where there is a right, there is a
interpreta
interpretation
tion that is in accor
accordanc
dancee with logic, common remedy for violation thereof 
sense, reasonableness and practicali
p racticality
ty • Right -> Obligation -> Remedy
 

• The fact that the statute is silent as to the remedy does not o E.g. the power granted the NHA to hear and decide
 preclude him from vindicating his right, for such remedy is claims involving refund and any other claims filed
implied from such right xxx, include attorney’s fees and other damages
• Once a right is established, the way must be cleared for its
enforcement, and technicalities in procedure, judicial as well Grant of power includes incidental power 
as administrative, must give way • Where a general power is conferred or duty enjoined, every
• Where there is “wrong,” (deprivation or violation of a right)  particular power necessary for the exercise of one or the
there is a remedy  performance of the other is also conferred
• If there’s no right, principle does not apply • The incide
incidenta
ntall pow
powers
ers are those
those whi
which
ch are necess
necessari
arily
ly
included in, and are therefore of lesser degree than the power
 Batungbakal v National Development
Development Co granted
• Petitioner was suspended and removed from office which o Examples

 proved to be Code
Administrative illegal and
but of the violative notitself 
Constitution only of the  Pow
Powerer totoest
authority establ
ablish
ishit,an
abolish off
office
unless ice
xxxinclud
includeses
• Court ruled that to remedy the evil and wrong committed,  Warr
Warranantt is
issu
sued
ed shal
shalll be ma made
de upon
upon
there should be reinstatement and payment of backwages,  probable cause determined by the judge
among other things xxx implies the grant of power to the
• However, there was a legal problem as to his reinstatement,  judge to conduct preliminary
for whe
whenn he was sus suspen
pended
ded and eveeventu
ntual
ally
ly dismis
dismissed
sed,, investigations
somebody was appointed to his position  Power to approve a license includes by
• Issue: whether remedy is denied petitioner  implication the power to revoke it
• Held:
Hel d: posi
positio
tion
n was never “vac “vacant
ant”.
”. Since
Since ther
theree is no • Power to revoke is limited by
vaca
vacanc
ncy,
y, the
the pre
prese
sent
nt incu
incumb
mben
entt ca
cann
nnot
ot be ap appo
poin
inte
ted
d the authority to grant license,
 permanently. The incumbent is only holding a temporary from which it is derived
 position. Moreover, the incumbe
incumbent’s
nt’s being made to leave
leave the  Power to deport includes the power to
 post to give way to the employee’s superior right may be arr
rreest unde
undesisira
rabl
blee ali
lieens af
aftter
considered as removal for cause investigation
 Power to appoint vested in the President
Grant of jurisdiction includes the power to make temporary
• Conferred only by the Constitution or by statute appointments , unless xxx
• Cannot be conferred by the Rules of Court  Power
Pow er to app
appropr
ropriat
iatee money
money includ
includeses
• Cannot be implied from the language of a statute, in the  power to withdraw unexpended money
absence of clear legislative intent to that effect already appropriated
 Etc… see page 171-172
 Pimentel v. COMELEC 
COMELEC 
• COMELEC
COME LEC has appel
appellate
late jurisdict
jurisdiction
ion over elec
election
tion cases Grant of power excludes greater power 
filed
filed with
with and decide
decided
d by the RTC involinvolvin
ving
g mun
munici
icipal
pal • The principle that the grant of power includes all incidental
elective officials DOES NOT IMPLY the grant of authority  powers necessary to make the exercise thereof effective
upon the COMELEC to issue writs of certiorari, prohibition implies the exclusion of those which are greater than that
or mandamus concerning said election cases conferred
o Power
Pow er of superv
supervisiision
on DOE
DOES S NOT INC INCLUD
LUDE
E
 Peo v. Palana  power to suspend or removal
• Statute grants a special court jurisdiction over criminal cases o Power to reorganize DOES NOT INCLUDE the
involving offenders under 16 at the time of the filing of the authority to deprive the courts certain jurisdiction
action, a subsequent statute defining a youthful offender as and to transfer it to a quasi-judicial tribunal
o
one who isasover
construed 9 but by
to confer below 21 yearsupon
implication of age
saidmay not be
special so
court Power to
 power to prohibit
regulate business DOES NOT INCLUDE
the authority
authority to try case
casess invol
involving
ving offenders 16 but below
21 years of age What is implied should not be against the law
• Power to appoint includes power to suspend or remove –
What may be implied from grant of jurisdiction o Consti
Con stitut
tution
ional
al res
restri
tricti
ction
on of CIV
CIVIL
IL SER
SERVIC
VICE E
• The grant of jurisdiction to try actions carries with it all EMPLOYEES, that it must be a cause provided for
nec
necess
essary
ary and incide
incidenta
ntall pow
powers
ers to emp
employ
loy all wriwrits
ts,,  by law precludes such implication (unless the
 processes and other means essential to make its jurisdiction appointmen
appointmentt was made outsi outside
de the civil servi
service
ce
effective law
• Where a court has jurisdiction over the main cause of action, • Power to appoint a public officer by the President includes
it can grant reliefs incidental thereto, even if they would  power to remove
otherwise be outside its jurisdiction o Provided that such removal is made with just cause
o E.g. forcible entry and detainer is cognizable in o Except is such statute provides that term of office
MTC… MTC can order payment of rentals even to be at the pleas
pleasure
ure of the appoi
appointi
nting
ng off
offic
icer,
er,
though
though the amoamount
unt exc
exceed
eedss the jurisd
jurisdict
iction
ional
al  power to appoint carries with it power to remove
amount
amo unt cog
cogniz
nizabl
ablee by them,
them, the sam
samee mer
merely
ely anytime
incidental to the principal action • Power to investigate officials DOES NOT INCLUDE the
• Statutes conferring jurisdiction to an administrative agency  power to delegate the authority to take testimony of
must be liberally construed to enable the agency to discharge wi
witn
tnes
esse
sess whos
whosee ap
appe
pear
aran
ance
ce ma
mayy be re
requ
quir
ired
ed by the
the
its assigned duties in accordance with the legislative purpose compulsory
compul sory proce
process
ss of subpoen
subpoena.
a. Nor does such pow
power
er to
 

investigate include the power to delegate the authority to  Peoples Bank and Trust Co.
Co. v. PNB
administer oath • Where
Whe re a statut
statutee proh
prohibi
ibits
ts the payme
payment
nt of the pri
princi
ncipal
pal
obligation during a fixed period, the interest thereon during
Authority to charge against public funds may not be implied the existence of the restriction is not demandable
• It is well-settled that unless a statute expressly so authorizes,
no claim against public funds may be allowed Cruz v. Tantuico
o Statute
Stat ute grant
grantss leave privileg
privileges
es to APPOIN
APPOINTIVE
TIVE • Law exempt
exemptss retire
retiremen
mentt ben
benefi
efits
ts of a pub
public
lic offic
officer
er or
off
offici
icials
als,, this
this canno
cannott be con
constr
strued
ued to includ
includee employee from attachment, garnishment etc
ELECTIVE officials • Earlier law authorizes the government to withhold an amount
o “employer” to pay 13th month pay, does not imply due such officer or employee to pay his indebtedness to the
that it includes “government government SHOULD NOT BE CONSTRUED to withhold
so much
much of hishis re
reti
tire
reme
ment
nt bene
benefi
fits
ts as this
this am
amou
ount
nt to

attachment garnishment etc.

Illegality of act implied from prohibition
• In pari
pari delict
delicto
o pot
potior
ior est con
condit
ditio
io defend
defendent
entis
is - whe
where
re a Tantuico, Jr. v Domingo
statute prohibits the doing of an act, the act done in violation • Law exempt
exemptss retire
retiremen
mentt ben
benefi
efits
ts of a pub
public
lic offic
officer
er or
thereof is by implication null and void employee from attachment, garnishment etc
• Prohibited act cannot serve as foundation of a cause of action • Government cannot withhold payment of retirement benefits
for relief  of a publ
public
ic off
office
icerr until
until his accoun
accountab
tabil
iliti
ities
es with
with the
• Ex dolo malo non oritur actio – no man can be allowed to government shall have been cleared, as such action is doing
found a claim upon his own wrongdoing or inequity indirectly
indirectly what the governmen
governmentt is prohibited from doing
•  Nullus coomodum capere potest de injuria sua propria – no directly
man should be allowed to take advantage of his own wrong
There should be no penalty from compliance with law
• Public policy requires that parties to an act prohibited by
statute be left where they are, to make the statute effective • A person who complies with what a statute requires cannot,
and to accomplish its object  by implication, be penalized
penalized thereby
o Party to an illegal contract cannot come to court of • For
For “sim
“simpl
plee logi
logicc and
and fa fair
irne
ness
ss and
and re
reas
ason
on cann
cannot
ot
law and ask that his illegal object be carried out countenance an exaction or a penalty for an act faithfully
o A citizen who sold his land to an alien in violation done in compliance with the law” 
of the constitut
constitutional
ional restric
restriction
tion cannot annul the
samee and recov
sam recover
er the land, for both
both seller
seller and
 buyer are guilty of having violated
violated the Constitut
Constitution
ion

Two (2) Exceptions to the rule

• Pari delicto doctrine will not apply when its enforcement or
applicati
application
on will violat
violatee an avowed fundamental policy or
public interest
CHAPTER FIVE: Interpretation of words and phrases
 Delos Santos v. Roman Catholic
Catholic Church
IN GENERAL
• Homestead Law – to give and preserve in the homesteader
and his family a piece of land for his house and cultivation
Generally
• The law prohibits the alienation of a homestead within 5
• A word or phrase used in a statute may have an ordinary,
years following the issuance of the patent and provides that
generic, restricted, technical, legal, commercial or trading
any contract of a conveyance in contravention thereof shall
meaning
 be null and void
•
• The seller or his heirs, although in pari delicto, may recover May be defined
definition becauseinthis
theis statute
what the– legislature
if this is done, use such
intended
the land subject of such illegal sale
• Task:
o ascertain intent from statute
 Barsobia v. Cuenco
o asce
ascert
rtai
ain
n inte
intentnt fr
from
om extr
extran
aneo
eous
us & re rele
leva
vant
nt
• Another exception is that when the transaction is not illegal circumstance
per se but merely prohibited  and the prohibition by law is o construe word or phrase to effectuate such intent
designed for protection of one party, the court may grant
• General rule in interpreting the meaning and scope of a term
relief in favor of the latter
used in the law:
o Review of the WHOLE law involved as well as the
What cannot be done directly cannot be done indirectly
INTENDMENT of law (not of an isolated part or a
• Quando
Qua ndo aliqui
aliquid
d pro
prohib
hibetu
eturr ex dir
direct
ecto,
o, pro
prohib
hibetu
eturr et per
 particular provision alone)
alone)
obliquum – what cannot, by law, be done directly cannot be
done indirectly
Statutory definition
• When statute defines words & phrase- legislative definition
 Peo v. Concepcion
Concepcion
controls
contro ls the mean
meaning
ing of stat
statutory
utory word, irrespect
irrespective
ive of any
• Where a corporation is forbidden from doing an act, the
other meaning word have in ordinary usual sense.
 prohibition extends to the board of directors and to each • Where a statute defines a word or phrase, the word or phrase,
director separately and individually
should not by construction, be given
g iven a different meaning.
• Where the board of direc directors
tors is prohib
prohibited
ited from granting
• Legisl
Leg islatu
ature
re restri
restricte
ctedd mea
meanin
ning
g as it ado adopte
pted
d specif
specific
ic
loans to its director, a loan to a partnership of which the wife
definition, thus, this should be used
of a director is a partner falls within the prohibition
 

• Term
Term or phr phrase
ase specif
specifica
ically
lly def
define
ined
d in paparti
rticul
cular
ar law
law,, has been allocated export and/or domestic & reserve sugar
definition must be adopted. quotas.
•  No usurpation of court function in interpreting but it merely • Statutory
Statu tory defini
definition
tion exclu
excludes
des emerg
emergency
ency,, non-quo
non-quota,
ta, non-
legislates what should form part of the law itself  district and accommodation planters, they having no sugar
quota. However, in 1955, quota system aabolished
bolished
Victorias Milling Co. v. Social Security Commission <compensation; • With change in situation, illogical to continue adhering to
RA 1161, Sec. 8(f)>  previous definition that had
had lost their legal effect.
• “compe
“co mpensa
nsatio
tion”
n” to includ
includee all renume
renumerat
ration
ions,
s, except
except
bonuses, allowances & overtime pay  Amadora v. CA
• Definition was amended: deleted “exceptions” • However,
Howeve r, wher
wheree stat
statute
ute rema
remains
ins uncha
unchanged,
nged, inte
interpret
rpreted
ed
• Legislative Intent: the amendment shows legislative intent according to its clear and original mandate; until legislature
that bonuses & overtime pay now included in employee’s taking into account changes subjected to be regulated, sees
renumeration. fit to enact necessary amendment.
• Prin
Princi
cipl
ple:
e: by virt
virtue
ue of ex
expre
press
ss su
subs
bsta
tant
ntia
iall ch
chan
ange
ge in
 phraseology, whatever prior judicial or executive Words construed in their ordinary sense
construction should give way to mandate of new law. • General rule: In the absence of legislative intent, words and
 phrases should be given their plain, ordinary, and common
 Peo. v. Venviaje
Venviaje < Chiropractic> usage meaning.
• Issue:: Wheth
Issue Whetherer perso
person n who pract
practiced
iced chiroprac
chiropractic
tic witho
without
ut • Should be read and considered in their natural, ordinary,
having
hav ing been
been dul
duly
y lic
licens
ensed,
ed, may be crimin
criminall
ally
y lia
liable
ble for common
com monly
ly accep
accepted
ted,, and mos
mostt obv
obviou
iouss signif
significa
icatio
tion,
n,
violation of medical law. according to good and approved usage and without resulting
• Held: Though term “practice of medicine,” chiropractic may to forced or subtle construction.
in ordinary sense fall within its meaning; statutorily defined -
includes manipulations employed in chiropractic; thus, one Central Azucarera Don Pedro v. Central Bank 
who pract
practices
ices chiro
chiropract
practic
ic witho
without
ut lice
license
nse is crimi
criminall
nally
y • A statute “exempts certain importations from tax and foreign
liable. exchange,
excha nge, which are actu
actually
ally used in the manufact
manufacture
ure or
 preparation of local products,
products, forming part thereof.”
• “Formi
“Fo rming
ng part
part thereo
thereof”
f” not to mea
meann that
that the import
imported
ed
Chang Yung Fa v. Gianzon< alien>  products have to be mixed mechanically, chemically,
• Issue: whether alien who comes into country as temporary materially into the local product & lose its identity.
visitor is an “immigrant?” • Means that the imported article is needed to accomplish the
• Held: while “immigrant” in ordinary definition- “an alien locally manufactured product for export.
who comes to the Philippines for permanent residence”; The
Immigration Act makes own definition of term, which is CIR v. Manila Business Lodge 761
“any alien departing from any place outside the Philippines • “business” (if unqualified) in tax statute: plain and ordinary
destined for the Philippines, other than a non-immigrant. meaning to embrace activity or affair where profit is the
• (so kelangan part siya nung “other than a non-immigrant”.)  purpose & livelihood is the motive.
motive.
-> yep yepyep,, Serge!
Serge! But mor
moree imp
import
ortant
antly,
ly, the defini
definitio
tion
n • In this
this case,
case, a fra
frater
ternal
nal socia
sociall club
club sellin
selling
g liquor
liquor at its
emphasizes an immigrant, who is an alien, who comes to the clubhouse in a limited scale only to its members, without
Ph
Phiili
lipp
ppiines
nes eieith
theer to resi
reside
de TEMEMP POR
ORAARI
RIL
LY or intention to obtain profit
PERMANENTLY – no distinction  •  Not engaged in business.

• definition of terms given weight in construction  Phiippinel Association of Government Retir

Retirees
ees v. GSIS 
< “present value”>
• terms & phrases, being part & parcel of whole statute, given
effectt in their ENTIRTY
effec ENTIRTY,, as harmo
harmonious,
nious, coordina
coordinated,
ted, and • Statute: “for those who are at least 65 yrs of age, lump sum
integrated unit  payment of present value of annuity for the first 5 years, and
• words & phrases construed in light of context of WHOLE future annuity
annuity to be paid monthl
monthly.
y.  Provided however, that
statute. there shall be no discount from annuity for the first 5 yrs. of
those who are 65 yrs or over, on the day the law took effect.”
Qualification of rule • Vocabulary:
• Statutory definition of word or term controlling only as used o lump
lump sum
sum - amamou
ount
nt of mone
money y give
givenn in si
singl
nglee
in the Act;  payment
• not conclusive as to the meaning of same word or term in o annuit
annuity
y - amo
amount
unt of mon
money ey paid
paid to som
somebo
ebody
dy
other statutes yearly or at some other regular interval
• Especially to transactions that took place prior to enactment • Should
Shou ld there
there be discou
discount
nt fro
from
m the prese
present
nt value
value of his
of act. annuity?
•  NO. Used in ordinary sense as said law grants to the retired
• Statutory defin
Statutory definition
ition cont
controlli
rolling
ng statut
statutory
ory words does not
employee substantial sum for his sustenance considering his
apply when:
age. Any doubt in this law should be ruled in his favor.
o application creates incongruities
o destroy its major purposes
 Matuguina Integrated Wood Products Inc. v. CA
o  becomes illogical as result of change in its factual
•
 basis. Whethe
Whe ther
obliga r tra
obligationstransfe
tions nsferee
arisi ree from
arising
ng of a trans
fore
forest
st con
conces
transferor’
feror’ss cessio
illesion
galn encroa
illegal is li
liabl
able
e fort
encroachmen
chment
into anothe
anotherr forest concess
concessionai
ionaire,
re, which was comm committeitted
d
 Ernest v. CA < RA 4166 & EO 900, 901>  prior to the transfer 
• “sug
“sugar
arca
cane
ne plan
plante
ter”
r” is defi
define
ned
d as a planplante
ter-o
r-own
wnerer of • Sec.. 61 of PD 705 “the tra
Sec transf
nsfere
ereee shall
shall assum
assumee al
alll the
sugarcane plantation w/in particular sugar mill district, who obligations of the transferor.”
 

• Court held that the transfer

transferee
ee is NOT liable and expla
explained:
ined:  
“Obligatio
“Obli gations”
ns” cons
construed
trued to mean obligatio
obligations
ns incur
incurred
red by Central Bank v. CA
transferor in the ordinary course of business. Not those as a • “National Government” - refers only to central government,
resultt of trans
resul transgressi
gressions
ons of the law, as these are personal consisting of executive, legislative and judiciary, as well as
obligations of transferor. co
cons
nsti
titu
tuti
tiona
onall bodi
bodies
es ( as dist distin
ingu
guis
ishe
hed
d frfrom
om loca
locall
• Prin
Princi
cipl
ple:
e: CoCons
nstr
true
ue usin
using
g ord
ordin
inar
ary
y me
meananin
ing
g & av avoi
oid
d government & other governmental entities) Versus->
absurdity.
• “The Government of the Republic of the Philippines” or
“Philippine Government” – including central governments as
 Mustang Lumber, Inc. v CA
CA well as local government & GOCCs.
• Statute: Sec. 68 PD 705 - penalizes the cutting, gathering &
or collec
collectin
ting
g tim
timber
ber or other
other for
forest
est prod
product
uctss withou
withoutt a  Republic Flour Mills
Mills v. Commissioner of Customs
• “product of the Philippines” – any product produced in the
•
license.
Is “lumber” included in “timber” country, e.g. bran (ipa) & pollard (darak) produced from
whea
wheatt im
impor
porte
ted
d into
into the
the co
coun
untr
try
y ar
aree “p
“prod
roduc
ucts
ts of the
the
• Reversing 1st ruling, SC says lumber is included in timber. Philippines”
• “The Revised Forestry Code contains no definition of timber
or lumb
lumber
er.. Ti
Timb
mberer is in
incl
clud
uded
ed in defi
defini
niti
tion
on of  forestry Generic term includes things that arise thereafter 
 products  par (q)
(q)   Sec
Sec.3.
.3. Lum
Lumber
ber - sam
samee defini
definiti
tions
ons as • Progressive interpretation - A word of general signification
“processing plants” employed in a statute, in absence of legislative intent, to
• Pro
Proces
cessin
sing
g plant
plant is any mecmechan
hanica
icall set-up
set-up,, mac
machin
hinee or comprehend
compre hend not only peculiar conditio
conditions
ns obtai
obtaining
ning at its
combination of machine used for processing of logs & other time of enactment but those that may normally arise after its
forestt raw materi
fores materials
als into lumber  veneer,
  veneer, plywood etc… p. approval as well
183. • Progres
Prog ressiv
sivee interp
interpret
retati
ation
on extend
extendss to the appappli
licat
cation
ion of
statute to all subjects or conditions within its general purpose
• Simply means,
Simply means, lumber   is a proc
process
essed
ed log or fores
forestt raw
or scope
scope that
that com
comee into
into existe
existence
nce subse
subseque
quent
nt fro
from
m its
material. The Code uses lumber in ordinary common usage.
 passage
In 1993 ed. of Webster’s International Dictionary, lumber is
• Rationale: to keep statute from becoming ephemeral (short-
defined as timber or logs after being prepared for the market.
lived) and transitory (not permanent or lasting).
Therefore, lumber is a processed log or timber. Sec 68 of PD
705 makes no distinction between raw & processed timber. • Statutes framed in general terms apply to new cases and
subjects that arise.
General words construed generally • General rule in StatCon: Legislative enactments in general
comprehensi
compre hensive
ve opera
operation,
tion, apply to perso
persons,
ns, subje
subjects
cts and
• Generalia
Genera lia verba
verba sun
suntt gen
genera
eralit
liter
er intell
intellige
igenda
nda - what
what is  businesses within their general purview and scope coming
generally
generally spoken shall be gener
generally
ally understood
understood;; gener
general
al into existence subsequent to their passage.
words shall be understood in a general sense.
• Generale dictum generaliter est interpretandum
interpretandum - a general  Geotina v. CA
statement is understood in a general sense • “ar
“artic
ticles
les of pro
prohib
hibite
ited
d import
importati
ation”
on” - used
used in Tar
Tariff
iff and
Customs Code embrace not only those declared prohibited at
• In case
case wor
wordd in statut
statutee has both restri
restricte
cted
d and genera
generall
tim
timee of adopti
adoption,
on, but also good
goodss and
and articl
articles
es subjec
subjectt of
meaning, GEN
GENERAERAL L mus
mustt pre
prevai
vail;
l; Unl
Unless
ess nat
nature
ure of the
activities undertaken in subsequent laws.
subject matter & context in which it is employed clearly
indicates that the limited sense is intended.
Gatchalian v. COMELEC 
• General words should not be given a restricted
• “any election” - not only the election provided by law
law at that
meaning when no restriction is indicated.
tim
time,
e, but als
also
o to fut
future
ure ele
electi
ctions
ons includ
including
ing el
elect
ection
ion of
• Rat
Ration
ionale
ale:: if the leglegisl
islatu
ature
re intend
intended
ed to lim
limit
it the delegates to Constitutiona
Constitutionall Convention
meaning of a word, it would have been easy for it to
have done so. Words with commercial or trade meaning
• Wor
Words
ds or phra
phrases
ses com
common
mon amoamong
ng mer
mercha
chants
nts and tra
trader
ders,
s,
Application of rule
acquire commercial meanings.
• When any of words used in statute, should be given such trade or
Gatchalian v. COMELEC 
commer
com mercia
ciall meanin
meaning
g as has been
been gen
genera
erally
lly unde
underst
rstood
ood
• “foreigner
“fore igner”-
”- in Elec
Election
tion Code, prohib
prohibiting
iting any forei
foreigner
gner
among merchants.
from contributing campaign funds includes juridical person
• Used in the following: tariff laws, laws of commerce, laws for
• “person”- comprehends private juridical person
the government of the importer.
• “person”- in penal statute, must be a “person in law,” an
• The law to be applicable to his class, should be construed as
artificial or natural person
universally understood by importer or trader.
Vargas v. Rillaroza
• “judg
judge”
e” wiwith
thou
outt any mod odiifyin
fying
g woword
rd or phra phrasse  Asiatic Petroleum Co. v. CIR
accomp
accompany
anying
ing it is to be con
constr
strued
ued in gen
generi
ericc sense
sense to
comprehend all kinds of judges; inferior courts or justices of •  No tax shall be collected on articles which, before its taking
SC. effect, shall have been “disposed
“disposed of ”
• Lay: parting away w/ something
 C & C Commercial Corp v. NAWASA • Merchant: to sell (this must be used)
• “government” - without qualification should be understood
in implied or generic sense including GOCCs. San Miguel Corp. v. Municipal Council of Mandaue
• “gross value of money”
 

• Merchant: “gross selling price” which is the total amount of • General rule: a word or phrase repeatedly used in a statute
money or its equivalent which purchaser pays to the vendor will bear the same meanimeaning
ng throughout the stat
statute;
ute; unless a
to receive the goods. different intention is clearly expressed.
• Rationale: word used in statute in a given sense presumed to
Words with technical or legal meaning  be used in same sense throughout the law. Though rigid and
• General rule: words that have, or have been used in, a technical  peremptory, this is applicable where in the statute the words
sense or those that have been judicially construed to have a appear so near each other physically, particularly where the word
certain meaning should be interpreted according to the sense has a technical meaning and that meaning has been defined in
in which they have been PREVIOUSLY used, although the the statute.
sense may vary from the strict or literal meaning of the
words  De la Paz v. Court of Agrarian Relations <“Riceland”>
• Presumption: language used in a statute, which has a technical or • share
share tenanc
tenancyy - averag
averagee prod
produce
uce per hectar
hectaree for the 3

well-known meaning, is used in that sense by the legislature •

agricultural
leasehold - years next preceding
according to normalthe current harvest
average harvest of the 3
 Manila Herald Publishing
Publishing Co. v. Ramos  preceding yrs
• Sec 14 of Rule 59 of Rules of Court which presc
prescribes
ribes the steps • “Year”- agricultural year not calendar year 
to be taken when property attached is claimed by a person • “Agricultural year” - represents 1 crop; if in 1 calendar yr 2
other than the defendant or his agent crops are raised that’s 2 agricultural years.
• Statute: “nothing herein contained shall prevent such third
 person from vindicating his claim to the property by any
 proper action.”
action.”  Krivenko v. Register
Register of Deeds
• Statute: In Sec.1 , Art. XIII of 1935 Constitution - “public
• Iss
Issue:
ue: “prope
“properr action
action”” limits the 3rd  par
limits party’
ty’ss rem
remedy
edy to
agricultural lands shall not be alienated” except in favor of
intervene in the action in which the writ of attachment is Filipinos, SAME as Sec. 5 “no private agricultural land shall
issued  be transferred or assigned.”
• Hel
Held:
d: “ac
“actio
tion”
n” has acquir
acquired
ed a wel
well-d
l-defi
efined
ned mea
meanin
ning
g as an •  both have same meaning being based on same policy of
“or
“ordin
dinary
ary suit in a cou
court
rt of justic
justicee by whi
which
ch one party nationalization and having same subject.
 prosecutes another for the enforcement or protection of a  
right or prevent redress or wrong… Meaning of word qualified by purpose of statute
• Purpo
Purpose
se mamayy indi
indica
cate
te whet
whethe
herr to give
give word
word,, phra
phrase
se,,
While…
ordinary,
ordina ry, tech
technica
nical,
l, comme
commerciarciall rest
restricte
ricted
d or expans
expansive
ive
• Sec 2 Rule 2 of Rules of Court; “Commencement of Action”
meaning.
• Statute: “Civil action may be commenced by filing a complaint
• In construing, court adopts interpretation that accords best
with the proper court”
with the manifest purpose of statute; even disregard technical
• Wor
Word:d: com
commen
mencem
cement
ent - indica
indicates
tes the ori
origin
ginati
ation
on of entire
entire or le
lega
gall me
meananin
ingg in fafavo
vorr of co cons
nstr
truc
ucti
tion
on whic
whichh wi
will
ll
 proceeding effectuate intent or purpose.
• It was appropriate to use proper action (in 1 st  statute) than
interv
intervent
ention
ion,, since
since assert
asserted right of 3rd  party claiman
ed right claimantt
ne
nece
cess
ssar
aril
ily
y flflow
owss ou
outt of pend
pendin
ing
g suit
suit;; if the
the word
word
‘intervention’ is used, it becomes strange.
Word or phrase construed in relation
r elation to other provisions
 Malanyaon v. Lising  • Ge
Gene
nera
rall ru
rule
le:: word
word,, phras
phrase,
e, prov
provisisio
ion,
n, shou
should
ld not
not be
• Sec. 13 of Anti-Graft Law construed
construed in isola
isolation
tion but must be inteinterprete
rpreted
d in relat
relation
ion to
• Statute: “ if a public officer is acquitted, he shall be entitled other provisions of the law.
to reinstatement and to his salaries and benefits which he • This is a VARIATION of the rule that, statute should be
construed as a whole, and each of its provision must be given
•
failed
Issue: to receive
Will during
a public the suspension”
officer whose case has been dismissed effect.
not “acquitted” be entitled to benefits in Sec. 13?
Claudio v. COMELEC 
• Held: No. Acquittal (legal meaning) - finding of not guilty
• Statute (LGC): “No recall shall take place within 1 yr from
 based on the merit.
the date of the offic
official
ial’s
’s assump
assumptio
tion
n of off
office
ice or 1 year
year
• Dismissal does not amount to acquittal except when, the immediately preceding a regular election”
dismissal comes after the prosecution has presented all its
evidence and is based on insufficiency of such evidence. • Issue: Does the 1st  limi
Issue: limitati
tation
on embra
embraces
ces the entir
entiree reca
recall
ll
 proceedings (e.g. preparatory recall assemblies) or only the
 Rura v. Lopena recall election?
• Probation law - Disqualified from probation those: “who have • Held:
Hel d: the Cou
Court
rt con
constr
strued
ued “recal
“recall”
l” in relati
relation
on to Sec
Sec.69
.69
 been previously convicted by final judgment of an offense which states that, “the power of recall… shall be exercised
 punished by imprisonment of not less than 1 month & a fine  by the registered voters of an LGU to which the local
of no less than Php 200.” elective official belongs.”
• Issue: “previously convicted” • Hence, not apply to all recall proceedings since power vested
• Held: it refers to date of conviction, not date of commission of
in electorate is power to elect an official to office and not
crime;
crime; thus a person
person con
convic
victed
ted on sam
samee date
date of severa
severall  power to initiate recall
recall proceedings.
offenses committed in different dates is not disqualified.
• Word or provision should not be construed in isolation form
 but should
shou ld be interpreted in relation to other provisions of a
statute, or other statutes dealing on same subject in order to
How identical terms in the statute construed effectuate what has been intended.
 

• Statut
Statute:
e: Phrase
Phrase used in tax statut
statutee whi
which
ch exempt
exemptss such
such
Garcia v. COMELEC   products from payment of taxes, purpose is to encourage the
• History of statute: development of such resources.
o In the Constitution, it requires that legislature shall • Held: phrase not only includes vegetable substances but also
 provide a system of initiative and referendum domestic
domest ic and domes
domestica
ticated
ted anima
animals,
ls, anima
animall produc
products,
ts, and
whereby people can directly approve or reject any fis
fish
h or ban
bangus
gus gro
grown
wn in ponponds.
ds. Cou
Court
rt gav
gavee exp
expans
ansive
ive
act or law or part thereof passed by Congress or meaning to promote object of law.
local legislative body.
o Lo
Loca
call Govt
Govt.. Co
Code
de,, a late
laterr law,
law, defi
define
ness local  Munoz & Co. v. Hord 
initiative as
initiative as “process whereby registered voters of • Issue: “Consumption” limited or broad meaning
an LGU may directly propose, enact, or amend any • Statute: word is used in statute which provides that “except
ordinance.” as herein specifically exempted, there shall be paid by each

 It is claimed by respondents that since merchant

gross valueand
ofmanufacturer
money in allagoods,
tax at the rateand
wares of 1/3 of 1% on
merchandise
re
reso
solu
luti
tion
on is no nott incl
includ
uded
ed in this
this
defi
defini
niti
tion
on,, then
then the
the same
same cacann
nnot
ot be sold, bartered, or exchanged for domestic consumption.
subject of an initiative. • Held: Considering the purpose of the law, which is to tax all
• Issue: whether a local resolution of a municipal council can merchants except those expressly exempted, it is reasonable
 be subject to an initiative
initiative and refer
referendum?
endum? and fair to conclude that legislature used in commercial use
• Held: We reject respondent’s narrow and literal reading of and not in limited sense of total destruction of thing sold.
above provision for it will collide with the Constitution and
will
will sub
subver
vertt the inten
intentt of the lawma
lawmakerkerss in enacti
enacting
ng the  Mottomul v. de la Paz 
 provisions of the Local Government Code (LGC) of 1991 on • Iss
Issue:
ue: Wheth
Whetherer the word “court
“court”” ref
refers
ers to the Court of
initiative & referendum Appeals or the trial court?

• The subsequent enactment of the LGC did not change the • Statute: RA 5343 Effect
5343 Effect of Appeal- Appeal shall not stay the
scope of its coverage. In Sec. 124 of the same code. It states: award, order, ruling, decision or judgment unless the officer
(b)
(b) Initiative
 Initiative shall extend only to subjects or matters which or body renderin
renderingg the sam
samee or the court , on motion, after
are within the legal powers of the Sanggunians to enact.” hearing & on such terms as it may deem just should provide
otherwise.
• This provision clearly does not limit the application of local
• Held: It refers to the TRIAL COURT. If the adverse party
initiative to ordinances, but to all “subjects or matters which intends to appeal from a decision of the SEC and pending
are within
within the lega
legall pow
powers
ers of the Sanggun
Sanggunians
ians to enact,
appeal desires to stay the execution of the decision, then the
which undoubtedly includes resolutions.”
motion must be filed with and be heard by the SEC before
the adverse party perfects its appeal to the Court of Appeals.
Gelano v. C.A.
• Purpose of the law: the need for immediacy of execution of
• In Corporation Law, authorizes a dissolved corporation to
decisions arrived at by said bodies was imperative.
continue as a body corporate for 3 yrs. for the purpose of
defending and prosecuting suits by or against it, and during
Meaning of term dictated by context
said period to convey all its properties to a “trustee” for
• The context in which the word or term is employed may
 benefits of its members, stockholders, creditors and other
dictate a different sense
interested persons, the transfer of the properties to the trustee
 being for the protection of its creditors and stockholde
stockholders.
rs. • Verba accipienda sunt secundum materiam- a word is to be
• Word “trustee” - not to be understood in legal or technical understood in the context in which it is used.
sense,, but in GENER
sense GENERAL AL concept which would include include a
lawyer to whom was entrusted the prosecution of the cases  People v. Chavez 
for recovery of sums of money against corporation’s debtors. • Statute: Family home extrajudicially formed shall be exempt
from execution, forced sale or attachment, except for “non
 Republic v. Asuncion
Asuncion  payment of debts”
• Issue: Wheth
Issue: Whether
er the Sandiganbayan is a regula
regularr court within • Word “debts” – means obligations in general.
the meaning of R.A. 6975?
 Krivenko v. Register
Register of Deeds
• Statute: RA 6975 which makes criminal actions involving • Statut
Statute:
e: lands
lands wer
weree cla
classi
ssifie
fied
d into
into tim
timber
ber,, min
minera
erall and
members of the PNP come “within the exclusive jurisdiction agricultural
of the regular courts. • Word “agricultural” – used in broad sense to include all
• Used “regular courts” & “civil courts” interchangeably lands that are neither timber, nor mineral, such being the
• Court martial
martial - not courts withi
withinn the Philippi
Philippine
ne Judic
Judicial
ial context in which the term is used.
System; they pertain to the executive department and simply
instrumentalitiess of the executive power.
instrumentalitie Santulan v. Executive. Secretary
Secretary..
• Regular courts - those within the judicial department of the • Statute: A riparian owner of the property adjoining foreshore
government namely the SC and lower courts which includes lands, marshy lands or lands covered with water bordering
the Sandiganbayan. upon
upo n shore
shoress of banks
banks of navi
naviga
gabl
blee la
lake
kess shal
shalll have
have
• Held: Courts considered the purpose of the law which is to  preference to apply for such lands
lands adjoining his property.
remove from the court martial, the jurisdiction over criminal • Fact: Riparian - one who owns land situated on the banks of

cases involving members of the PNP and to vest it in the river. Used in a more broader sense referring to a property
Held:
courts within the judicial system. •
having
hav ing a wat
water
er fron
frontag
tage,
e, whe
when
n it men
mentio
tioned
ned “fores
“foreshore
hore
 Molina v. Rafferty
Rafferty lands,” “marshy lands,” or “lands covered with water.”
• Is
Issu
sue:
e: Wh
Whet
ethe
herr “Agr
“Agric
icul
ultu
tura
rall prod
produc
ucts
ts”” incl
includ
udes
es
domesticated animals and fish grown in ponds.  Peo. v. Ferrer 
 

• (case where context

context may limit the meaning)
• Word: “Overthrow” Oliva v. Lamadrid 
• Statute: Anti-Subversion Act “knowingly & willfully and by • Statute: allows the redemption or repurchase of a homestead
overt acts.”  property w/in 5 years from its conveyance
• Rej
Reject
ectss the met
metaph
aphori
orical
cal “pe
“peace
aceful
ful”” sense
sense & lim
limits
its its • He
Held
ld:: “c
“con
onve
veya
yanc
nce”
e” not
not dist
distin
ingu
guis
ishe
hed
d - volu
volunt
ntar
ary
y or
meaning to “overthrow” by force or violence. involuntary.

 Escosura v. San Miguel Brewery

Brewery Inc.
• Statute: grants employee “leaves of absence with pay”
 Peo. v. Nazario • Held: “with pay” refers to full pay and not to half or less than
• Statute:
Statute: Municipa
Municipall tax ordinance provides “any owner or full pay; to all leaves of absence and not merely to sick or
manager of fishponds” shall pay an annual tax of a fixed vacation leaves.
amount per hectar
amount hectaree and it app
appea
ears
rs that
that the owner of the
fishponds is the government which leased them to a private Olfato v. COMELEC 
 person who operates them • Statut
Statute:
e: mak
makeses COM
COMELEELECC the sole judge
judge of “al
“alll pre
pre--
• Word:
Wor d: “Ow
“Owner
ner”” – doe
doess not inclu
include
de gove
governm
rnment
ent as the  proclamation controversies”
controversies”
ancient principle that government is immune from taxes. • Held : “all” – covers national, provincial, city or municipal

Where the law does not distinguish  Phil. British Assurance

Assurance Co. v. Interme
Intermediate
diate Apellate CCourt 
ourt 
• Ubi lex non distinguit, nec nos distinguere debemus - where • Statute: A counterbond is to secure the payment of “any
the law does not distinguish, courts should not distinguish.  judgment,” when execution
execution is returned unsatisfied
unsatisfied
• Corollary principle: General words or phrases in a statute • Held: “any judgment” includes not only final and executory
sho
should
uld ord
ordina
inaril
rily
y be acc
accorde
orded
d their
their nat
natura
urall and gen
genera
erall  but also judgment pending appeal who whosese execution ordered
significance is returned unsatisfied.
• General term or phrase should not be reduced into parts and
 Ramirez v. CA
one part distinguished from the other to justify its exclusion
from operation. • Statute: “Act to Prohibit & Penalize Wire Tapping and Other
related
related Viol
Violation
ationss of Priva
Private
te Commu
Communica
nications
tions and Other
• Coroll
Cor ollary
ary pri
princi
nciple
ple:: whe
where
re the law does not mak makee any
Purposes”
exc
except
eption
unless ion,
, cou
there courts
rts may not
a compelling except
exctoept
reason som
someth
justify ething
it. ing theref
therefrom
rom,, • “It shall be unlawful, not being authorized by all the parties
to any private communication or spoken word, to tap any
• Application: when legislature laid down a rule for one class,
wire or cable, or by usi using any oth other device or
no difference to other class.
arrangement…”
Presumption: that the legislature made no qualification in the
general use of a term. • Issue: Whether violation thereof refers to the taping of a
co
comm
mmununiicat
atio
ion
n other than a participan pant to the
 Robles v. Zambales Chromite
Chromite Co. communication or even to the taping by a participant who
• Statute: grants a person against whom the possession of “any did not secure the consent of the party to the conversations.
land” is unlawfully withheld the right to bring an action for • Held: Law did not distinguish whether the party sought to be
unlawful detainer.  penalized ought to be party other than or different from those
• Held: any land not exclusive to private or not exclusively to involv
involved
ed in the priprivat
vatee com
commun
munica
icatio
tion.
n. The intent
intent is to
 public; hence, includes
includes all kinds of land.  penalize all persons unauthorized to make any such
recording, underscored by “any”
 Director of Lands v. Gonzales
Gonzales
• Statute: authorizes the director of lands to file petitions for  Ligget & Myers Tobacco
Tobacco Co. v. CIR
cancellation of patents covering public lands on the ground • Statute:
Statute: imposes a “spe
“specifi
cificc tax” on ciga
cigarett
rettes
es conta
containing
ining
therein provided. Virginia tobacco …. Provided that of the length exceeds 71
• Held: not distinguished whether lands belong to national or millimeters or the weight per thousand exceeds 1¼ kilos, the
local government tax shall be increased by 100%.
• Issue: whether measuring length or weight of cigars, filters
SSS v. City of Bacolod  should be excluded therefrom, so that tax would come under
• Issue: exempts the payment of realty taxes to “properties the general provision and not under the proviso?
owned by RP” • Held: Not having distinguished between filter and non-filter
• Held: no distinction between properties held in sovereign, cigars, court should not distinguish.
governmental, or political capacity and those possessed in
 proprietary or patrimonial character.

Velasco v. Lopez  Tiu San v. Republic

• Statute: certain “formalities” be followed in order that act • Is
Issu
sue:
e: whet
whethe
herr the
the conv
convic
icti
tion
on of an appl applic
ican
antt for
for
may be considered valid. naturalization for violation of a municipal ordinance would
• Held:
Hel d: no distin
distincti
ction
on betwee
betweenn essent
essential
ial or non-
non-ess
essent
ential
ial disqualify him from taking his oath as a citizen.
formalities • Statute: An applicant may be allowed to take his oath as a
citizen after 2 years from the promulgation of the decision
Colgate-Palmolive Phils v. Gimenez  granting his petition for naturalization if he can show that
• Statute: does not distinguish between “stabilizer and flavors” during the intervening period “he has not been convicted of
used
used in the
the prep
prepar
arat
atio
ion
n of foo
food
d an
and
d thos
thosee used
used in th
thee any offense or violation of government
go vernment rules”
manufacture of toothpaste or dental cream • Held: law did not make any distinct
distinction
ion between mala in se
and
and ma
mala
la proh
prohib
ibit
ita.
a. Con
Convic
victio
tion
n of the app
applic
licant
ant fro
from
m
 

violation of municipal ordinance is comprehended within the • Statute: Sec. 40 of Commonwealth Act 61, punishes “any
statute and precludes applicant from taking his
h is oath. individual who shall bring into or land in the Philippines or
concea
con ceals
ls or harbor
harborss any al
alien
ien not duly
duly adm
admitt
itted
ed by any
 Peralta v. CSC  immigration officer…
• Iss
Issue:
ue: whe
whethe
therr pro
provis
vision
ion of RA 2622625,
5, that
that gove
governm
rnment
ent • does not justify giving the word a disjunctive meaning, since
employees are entitled to 15 days vacation leaves of absence
the words “bring into” “land”, “concea
“conceals”
ls” and “harb
“harbors”
ors”
with
with fufull
ll pay
pay anandd 15 days
days sick
sick leav
leaves
es with
with full
full pay,
pay,
 being four separate acts each possessing its distinctive,
exclusives of Saturday, Sundays or holidays in both cases,
different and disparate meaning.
applies only to those who have leave credits and not to those
who have none.
CIR v. Manila Jockey Club
• Held
Held:: La
Laww sp
speaeaks
ks of gran
granti
ting
ng of a righ
rightt an
and
d does
does not
not
• Statut
Statute:
e: imp
impose
osess amu
amusem
sement
ent taxes
taxes on gro
gross
ss recei
receipts
pts of
distinguish between those who have accumulated and those
“proprietor, lessee, or operator of amusement place”
who have none. • He
Held
ld:: “o
“or”
r” im
impl
plie
iess that
that ta
tax
x shoul
shouldd be paid
paid by eieith
ther
er
 proprietor, lessee, or operator, as the case may be, single &
 Pilar v. COMELEC 
COMELEC 
not by all at the same time.
• Statut
Statute:
e: RA 716
71666 prov
provide
idess that
that “Ever
“Every y candid
candidat
atee sha
shall
ll,,
within 30 days after the day of the election file xxx true and
• Use of “or” between 2 phrases connotes that either phrase
itemized statement of all contributions and expenditures in
serves as qualifying phrase.
connection with the election.
• “or” means “and”, WHEN THE SPIRIT OR CONTEXT OF
• Held: Law did not distingui
distinguish
sh betw
between
een a candi
candidate
date who
THE LAW SO WARRANTS
 pushed through and one who withdrew it. it.
• “Every candidate” refers to one who pursued and even to
Trinidad v. Bermudez (e.g. of “or” to mean “and”)
those who withdrew his candidacy.
• Statut
Statute:
e: Sec
Sec.. 2, Rul
Rulee 112 of Rul
Rules
es of Cou
Court
rt author
authorizi
izing
ng
municipal
munic ipal judges to condu
conduct
ct “prel
“prelimina
iminary
ry exami
examinati
nation
on or
Sanciagco v. Rono
investigation”
• (wheree the dist
(wher distincti
inction
on appear
appearss from the statu
statute,
te, the courts
 should make the distinction)
distinction)
• “or” equivalent of “that is to say”
• Statute: Sec 13 of BP Blg. 697 which provides that: 
that:   “Any
 person holding public appointive or position shall ipso facto SMC v. Municipality of Mandaue (e.g.
Mandaue  (e.g. of “or” equivalent of “that is to
ce
ceas
asee in off
offic
icee or posi
positi
tion
on as of the
the time
time he file
filedd his
his say”)
certificate of candidacy” • Ordinance: imposes graduated quarterly fixed tax
• Governors
Govern ors,, may
mayors
ors,, mem
member
berss of var
variou
iouss  sanggunians or • “based on the gross value in money or actual market value”
barangay
barang ay offi
officials
cials shall upon the filing
filing of candi
candidacy
dacy,, be of articl
articles;
es; phr
phrase
ase “or actua
actuall marke
markett value”
value” intend
intended
ed to
considered on forced leave of absence from office explain “gross value in money.”
• Facts: an elective Barangay. Captain was elected President of
• “or” means successively
Associati
Assoc iation
on of Bara
Barangay
ngay Counc
Councils
ils and pursuant
pursuant ther
thereto
eto
• Statute: Art. 344 of the Revised Penal Code - “the offenses
appointed
appointed by the Presi
President
dent as member of the Sanggunian
of seduction, abduction, rape or acts of lasciviousness, shall
 Panlungsod. He ran for Congress but lost.
not be prosecuted except upon a complaint by the offended
• Issue: He then wants to resume his duties as member of  party or her parents, grandparents
grandparents or guardian….”
 sangguiniang panlungsod. He was merely forced on leave • Althoug
Although h these
these person
personss are men
mentio
tioned
ned disjun
disjuncti
ctivel
vely,
y,
when he ran for Congress.  provision must be construed as meaning that the right to
• Held: the Secretary of Local Government denied his request; inst
instit
itut
utee a cr crim
imin
inal
al proc
procee
eedi
ding
ng is excl
exclus
usiv
ivel
ely
y and
and
 being an appointive  sanggunian member, he was deemed successively reposed in said persons in the order mentioned,
aut
automa
omatic
ticall
ally
y res
resign
igned
ed whe
whenn he filed
filed his certi
certific
ficate
ate of no one shall
shall proc
proceed
eed if there
there is any person previ
previous
ously
ly
candidacy. mentioned therein with legal capacity to institute the action.

Garvida v. Sales, Jr. • “And”

“An d” is a con conjun
juncti
ction
on perti
pertinen
nently
tly define
defined
d as mea
meanin
ning
g
• Issue: whether petitioner who was over 21 but below 22 was “together with,” “joined with,” “along with,” “added to or
qualified to be an elective SK member  linked to”
o  Never to mean “or”
• Statute: Sec.424 of the LGC provides that a member of the
o Used to denote joinder or union
 Katipunan ng Kabataan must not be 21 yrs old.
• “a
“and/
nd/or
or”” - me
meananss that
that ef
effe
fect
ct shou
should
ld be give
give to both
both
• Sec. 428 as addit
additional
ional requirem
requirement
ent provid
provides
es that electi
elective
ve conjunctive and disjunctive term
official of Sangguniang Kabataan must not be more than 21 o term used to avoid construction which by use of
yrs. “on the day of election” disj
disjun
unccti
tive
ve “o “or”
r” alonelone wiwilll excl
xclude
ude the
• Held: the distinction is apparent: the member may be more combination of several of the alternatives or by the
than 21 years of age on election day or on the day he use of conjunctive “and” will exclude the efficacy
regist
registers
ers as mem
member
ber of  Katipunan ng Kabataan. But the of any one of the alternatives standing alone.
elective official, must not be more than 21 years of age on
the day of election. ASSOCIATED WORDS

Disjunctive and conjunctive words  Noscitur a sociis

• Word “or” is a disjunctive term signifying disassociation and • where a particular word or phrase is ambiguous in itself or
independence of one thing from each other. eq
equa
uall
lly
y susc
suscep
epti
tibl
blee of vari
various
ous me
mean
anin
ings
gs,, it
itss co
corr
rrec
ectt
construction may be made clear and specific by considering
 Peo v. Martin
 

the company of words in which it is found or with which it is • Issue: Whether defamatory statements through the medium
associated. of an amplifier system constitutes slander or libel?
• to rem
remove
ove doubt ref
refer
er to the meani
meaningng of associ
associat
ated
ed or • Li
Libe
bel:
l: comm
commititte
ted
d by me meananss of “w “wri
riti
ting
ng,, prin
printi
ting
ng,,
companion words lithography, engraving, radio, cinematographic exhibiton.”
• It is argued that “amplifier” similar to radio
 Buenaseda v. Flavier 
Flavier  • Held: No. Radio should be considered as same terms with
• Statut
Statute:
e: Sec
Sec.. 13(3
13(3),
), Art XI of the ConConsti
stitut
tution
ion gra
grants
nts writing and printing whose common characteristic is the
Ombudsman power to “Direct the officer concerned to take “permanent means of publication.”
appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, San Miguel Corp. v. NLRC 
fine censure or prosecution. • Issue: Whether claim of an employee against his employer
• “sus
“suspe
pens
nsio
ion”
n” – is a pena
penalt
lty
y or puni
puniti
tive
ve memeasasur
uree not
not for cash reward or submitting process to eliminate defects
 preventive in qua
qualit
lity
y & taste
taste of San Migue
Miguell prod
product
uct falls withi
withinn
 jurisdiction of the labor
labor arbiter of NLRC?
 Magtajas v. Pryce
Pryce Properties Corp. • Held: No. Outside of jurisdiction. Not necessary that entire
• Stat: Sec. 458 of LGC authorized local government units to universe of money claims under jurisdiction of labor arbiter
 prevent or suppress “Gambling & other prohibited games of  but only those to 1.) unfair labor practices, 2.) claims
chance.” concerning terms & conditions of employment 4.) claims
• “Gambling”
“Gam bling” – refer
referss only to illegal
illegal gambling
gambling,, like other relating
relating to household servi
services
ces 5.) activi
activities
ties prohib
prohibited
ited to
 prohibited games of chance,
chance, must be prevented or suppressed employers & employees.
& not to gambling authorized by specific statutes. • Statute: “jurisdiction of Labor Arbiters and the NLRC, as
last amended
amended by BP Blg. 227 inc includin
luding
g paragrap
paragraphh 3 “all
Carandang v. Santiago mone
money y clclai
aims
ms of work
workerers,
s, incl
includudin
ing
g hose
hose base
based
d on
• Issue: Whether an offended party can file a separate and nonp
nonpayayme
ment nt or undeunderp
rpay
ayme
ment
nt of wa wageges,
s, over
overti
time
me
independent civil action for damages arising from physical compensation, separation pay, and other benefits provided
injuries during pendency of criminal action for frustrated  by law or appropriate agreement, except claims for
homicide. employees
empl oyees compe
compensati
nsation,
on, socia
sociall secu
security,
rity, medicare
medicare and
• Statute: Art. 33 of Civil Code “in case of defamation, fraud, maternity benefits.”
& physical injuries…”
• Held: Court ruled that “physical injuries” not as one defined  Ebarle v. Sucaldito
in RPC, but to mean bodily harm or injury such as physical • Statute: EO 265 outlines the procedure which complainants
injuries, frustrate homicide, or even death. ch
char
argi
ging
ng gove
govern
rnme
ment
nt offi
offici
cial
alss an
and
d em empl
ploy
oyee
eess wi
with
th
commission
commi ssion of irreg
irregulari
ularities
ties should be guide
guided,
d, appli
applies
es to
Co Kim Chan v. Valdez Tan Keh criminal actions or complaints.
• Issue: Whether proceedings in civil cases pending in court • EO 265 – “complaints against public officials and employees
under the so called Republic of the Philippines established shall be promptly acted upon and disposed of by the officials
during the Japanese military occupation are affected by the or authorities concerned in accordance with pertinent laws
 proclamation of Gen. McArthur issued issued on October 23, 1944 and regulations so that the erring officials and employees can
that
that “all
“all law
laws,
s, regula
regulatio
tions
ns and pro proces
cesses
ses of any other
other  be soonest removed or otherwise disciplines and the
gove
governrnme
mentnt in the
the Phil
Philipippi
pine
ness than
than that
that of the
the said
said innocent, exonerated or vindicated in like manner, and to the
Commonwealth are null and void and without legal effect.” end also that other remedies, including court action, may be
• “Processes
“Proc esses”” does not refer to judic
judicial
ial process
processes
es but to the  pursued forthwith by the interested parties, after
ex
exec
ecut
utiv
ivee orde
orders
rs of th thee Ch
Chaiairm
rman
an of thethe Phi
Phili
lipp
ppin
inee administrative remedies shall have been exhausted”
Execut
Exe cutive
ive Com
Commit
mitte
tee,
e, ordi
ordinan
nances
ces prom
promulg
ulgat
ated
ed by the • Held: executive order does not apply to criminal actions.
President of so-called RP, and others that are of the same The term is closely overshado
overshadowed
wed by the qualific
qualification
ation -
cla
class
ss as the laws and regula regulatitions
ons with
with whi
which
ch the word
“processes” is associated. “After administrative
which suggest remedies
civil suits subjectshall have been
to previous exhausted,”
administrative
actions.

Commissioner of Customs v. Phil. Acetylene Co.  Mottomul v. dela Paz 

• Statute: Sec. 6 of RA 1394 provides that “tax provided for • Issue: Whether the word ‘court’ in Sec 5, Art 5434: Appeal
in Sec. 1 of this
this Act shal
shalll not be imp
impose
osedd aga
agains
instt the shall not stay the award, order, ruling, decision or judgment
import
imp ortati
ation
on into
into the Phi
Philip
lippin
pines
es of mac
machin
hinery
ery or raw unlesss the officer or body renderi
unles rendering
ng the same or the court,
materials to be used by new and necessary industry xxx; on motion after hearing, and on such terms as it may deem
machinery equipment, spare parts, for use of industries…”  just should provide otherwise. The propriety of a stay
• Issue: Is the word “industries” used in ordinary, generic granted by the officer or body rendering the award, order,
sense, which means enterprises employing relatively large ruling, decision or judgment may be raised only by motion
amounts of capital and/or labor? in the main case,” refers to the CA or to the Court of
• Held: Since “industries” used in the law for the 2 nd time “is Agrarian Relations?
cl
clas
assi
sifi
fied
ed toge
togeth
ther
er”” with
with the
the term
termss mine
minersrs,, mi
mini
ning
ng • Held:: Corre
Held Correct
ct const
constructi
ruction
on made clear with referenc
referencee to
industries, planters and farmers, obvious legislative intent is Sec. 1 of RA 5434, where the court, officers or bodies
to confine the meaning of the term to activities that tend to whose
who se decisi
decision,
on, awa
award
rd are appea
appealab
lable
le to the Court of
 produce or create or manufacture such as those miners, Appe
Appeal
als,
s, en
enum
umererat
ated
ed as fofoll
llow
ows:
s: Co
Cour
urtt of Agra
Agrari
rian
an
mining enterprises, planters and farmers. Relat
Relation
ions,
s, Sec
Sec.. of Lab
Labor,
or, Soc
Social
ial Sec
Securi
urity
ty Com
Commis
missio
sion
n
• If use
used
d in ord
ordina
inary
ry sense,
sense, it bec
become
omess incons
inconsist
istent
ent and etc…; From grouping, the enumeration in Sec. 5 means
illogical Court of Agrarian Relations not CA.

 Peo. v. Santiago Ejusdem generis (or the same kind or species)

 

• General rule: where a general word or phrase follows an • Statute: “In the case of a corporatio
Statute: corporation,
n, all losse
lossess actu
actually
ally
enumeration of particular and specific words of the same sustained and not charged off within the taxable year and not
class or where the latter follow the former, the general word compensated for by insurance or otherwise.”
or phrase is to be construed to include, or to be restricted to, • Contention
Conte ntion:: the assura
assurances
nces of respon
responsible
sible public offic
officials
ials
 persons, things or cases akin to, resembling, or of the same  before the end of 1945 that property owners would be
kind or class as those specifically mentioned. compensated for their losses as a result of the war sufficed to
• Purpose: give effect to both particular or general words, by  place the losses within the phrase “compensated xxx
treating the particular words as indicating the class and the otherwise” than by insurance
general words as indicating all that is embraced in said • Held: Rejected! “Otherwise” in the clause “compensated for
class,
class, alth
although
ough not spec
specifica
ifically
lly named by the parti
particular
cular
by insurance or otherwise” refers to compensation due under
words.
a title analogous
analogous or simila
similarr to insur
insurance
ance.. Inasmu
Inasmuchch as the
• Principle
Princ iple:: based on proposi
proposition
tion that had the legislat
legislature
ure latter is a contract establishing a legal obligation, it follows
intended
unr
unrest
estric the general
ricted
ted sense,, itwords
sense woultod be
would used
hav
have in their
e not enu generic
enumer
merate d and
ated the that in order to be deemed “compensated for xxx ‘otherwise,’
the losses sustained by a taxpayer must be covered by a
specific words.  judicially enforceable right, springing from any of the
• Pre
Presum
sumpti
ption:
on: leg
legisl
islato
ators
rs add
addres
ressed
sed spe
specif
cifica
ically
lly to the  juridical sources of obligations, namely, law, contract, quasi-
 particularization
 particularizati on contract,
contra ct, torts, or crim
crimes,”
es,” and not mere pronoun
pronounceme
cementnt of
 public officials
Illustration
Cebu Institute of Technology v. Ople
 Mutuc v. COMELEC 
COMELEC  • Issue: Whether teachers hired on contract basis are entitled to
• Statute: Act makes unlawful the distr
Statute: distributi
ibution
on of elec
electoral
toral service incentive leave benefits as against the claim that they
 propaganda gadgets, pens, lighters, fans, flashlights, athletic are not so?
goods, materials and the like” • Statute: Rule V of IRR of Labor Code: “This rule (on service
• Held:
Held: and the liklike,
e, doe
doess not embra
embrace
ce taped
taped jingl
jingles
es for incentive leaves) shall apply to all employees, except “filed
campaign purposes  personnel and other employees whose performance is
unsupe
unsupervi
rvised
sed by the emp
employ
loyer
er includ
including
ing those
those who are
 Murphy, Morris & Co.
Co. v. Collect
Collector
or of Customs engaged on task or contract basis.”
• Statute: Dynamos, generators, exciters, and other machinery • Held: “those who were employed on task or contract basis”
for the generation of electricity for lighting or for power; should be related with “field personnel,” apply the principle,
• Held: phrase “other machinery”
machinery” would not incl include
ude stea
steam
m clearly teachers are not field personnel and therefore entitled
turbin
turbines,
es, pum
pumps,
ps, con
conden
denser
sers,
s, becaus
becausee not samsamee kind
kind of to service incentive leave benefits.
machinery with dynamos, generators and exciters.
Cagayan Valley Enterprises v. CA
Vera v. Cuevas • Issue: whether the phrase “other lawful beverages” which
• St
Stat
atut
ute:
e: al
alll co
conde
ndens
nsed
ed sk
skim
imme
med d milk
milk anand
d all
all mi
milk
lk in gives protection to manufacturer with the Phil. Patent Office
whatever form shall be clearly and legibly marked on its its duly stamped or marked bottles used for “soda water,
immediate containers
containers with words: “This mil
milkk is not suitable mineral or aerated waters, cider, milk, cream or other lawful
for nourishment for infants less than 1 year of age”  beverages,” includes hard liquor?
• Held:
Hel d: res
restri
tricts
cts the phr
phrase
ase “all
“all milk
milk in wha
whatev
tever
er for
form,”
m,” • Statut
Statutee tit
title:
le: “An Act to reg
regula
ulate
te the use of ststamp
amped
ed or
excluded filled milk. marked bottles, boxes, casks, kegs, barrels, & other similar
containers.”
Graphilon v. Municipal Court of Cigara • Held: The title clearly shows intent to give protection to all
• Statute: the vice-mayor shall be entitled to assume the office marked bottles of all lawful beverages regardless of nature of
of the mayor duriduring
ng the abs
absenc
ence,
e, sus
suspen
pensio
sion
n or other
other contents.

temporary disability  National Power Corp. v. Angas

• Held: anything which disables the mayor from exercising the
 power and prerogatives of his office, since “their temporary • Issue: whether the term judgment, refers to any judgment
disability” follows the words “absence” and “suspension” directing the payment of legal interest.
 Peo. v. Magallanes • Statute: Central Bank Circular # 416 – “by virtue of the
• Where a law grants a court exclusive jurisdiction to hear and authority granted to it under Sec. 1 of Act Number 2655, as
decide “offenses or felonies committed by public officials amended,
amend ed, otherwise known as Usury Law, the Monetar Monetary y
and employees in relation to their office,” the phrase “IN Board in a resol
resolution
ution prescribed
prescribed that the rate of inte
interest
rest for
RELATION TO THEIR OFFICE” qualifies or restricts the loan or forbearance of any money, good or credit & the rate
offensee to one which cannot exist without the office
offens office,, or the allowed in judgment in the absence of express contract shall
office is a constituent element of the crime defined in the  be 12% per annum.
statut
statutee or one perpet
perpetuat
uated
ed in the per perfor
forman
mance,
ce, though
though • Held: Judgments
Judgments should mean only judgments involvi involving
ng
improper or irregular, of his official functions loans or forbea
forbearance
rance money, goods or credicredit,
t, these later
specific terms having restricted the meaning “judgments” to
those same class or the same nature as those specifically
Cu Unjieng Sons, Inc. v. Bord of Tax Appeals enumerated.
• Issue: whether losses due to the war were to be deductible
from gross income of 1945 when they were sustained,
sustained, or in  Republic v. Migrino
1950 when Philippi
Philippine
ne War Damage CommCommissio
ission
n advise
advisedd • Facts: retired military officer was investigated by the PCGG
that no payment would be made for said losses? for violation of Anti-Graft Act in relation to EO # 1 & 2
authorizing the PCGG to recover ill-gotten wealth from the
former President’s “subordinates and close associates”
 

• Issue:: Does PCGG have jurisdic

Issue jurisdiction
tion to inves
investigat
tigatee such o  Expressio unius est exclusion alterius
alterius   - The
military officer for being in service during the administration expression of one or more things of a class implies
of the former President? the exclusion of all not expressed, even though all
• Held: “Subordinates” refers only to one who enjoys close would have been implied had none been expressed;
association or relation to the former President and his wife; opposite the doctrine of necessary implication
te
term
rm “clo
“close
se asasso
soci
ciat
ates
es”” rest
restri
rict
cted
ed the
the mean
meaniningg of
“subordinates”  Negative-opposite doctrine
doctrine
•  Argumentum a contrario- what is expressed puts an end to
Limitations of ejusdem generis
what is implied.
• Requisites:
o Statute
Statute conta
contains
ins an enume
enumeratio
ration
n of parti
particular
cular &
Chung Fook v. White
specific words, followed by general word or phrase
• Statute: case exempts the wife of a naturalized American
o
Particular and specific words constitute a class or from detention,
detention, for treat
treatment
ment in a hospital, who is afflicte
afflicted
d
are the same kind
with a contagious disease.
o Enumeration of the particular & specific words is
• Held: Court denied petition for writ of habeas corpus (filed
not exhaustive or is not merely by examples
 by the native-born American citizen on behalf of wife
o There is no indication of legislative intent to give
detained
detai ned in hospit
hospital),
al), court resort
resorted
ed to negat
negative-o
ive-opposit
ppositee
the general words or phrases a broader meaning doctri
doc trine,
ne, statin
stating
g that
that statut
statutee plainl
plainlyy relat
relates
es to wife
wife of a
• Ru
Rule
le of ejusd
ejusdem
em gener
generis,
is, is not of universal application; it natura
naturaliz
lized
ed cit
citize
izen
n & cannot
cannot interp
interpola
olatete “nativ
“native-b
e-born
orn””
should use to carry out, not
no t defeat the intent of the law. citizen.
• Analysis:
Analy sis: court’s
court’s appli
applicati
cation
on resul
results
ts to injus
injustice
tice (as should
US v. Santo Nino not discriminate against native-born citizens), which is not
• Statut
Statute:
e: It sha
shall
ll be unl
unlawf
awful
ul to for any per person
son to carry
carry intent
intent of lawlaw,, should
should hav
havee used
used docdoctri
trine
ne of necess
necessary
ary
implication.
concealed about his person any bowie, knife, dagger, kris or
other deadly weapon. Provided
weapon. Provided prohibition
 prohibition shall not apply to
firearms who have secured a license or who are entitled to Application of expression unius rule
ru le
carry the same under the provisions of this Act.” • Generally used in construction of statutes granting powers,
creating
creating right
rightss and remed
remedies,
ies, restrict
restricting
ing commo
common
n right
rights,
s,
• Iss
Issue:
ue: doe
doess “th
“thee deadly
deadly wea
weapon
pon”” includ
includee an unlice
unlicense
nsedd
revolver? imposi
imposing
ng rights & forfei
construed. forfeitures
tures,, as well as stat
statutes
utes strictl
strictly
y
• Held: Yes! Carrying such would be in violati
violation
on of statute.
By the proviso, it manifested its intention to include in the
 Acosta v. Flor 
 prohibition weapons other than armas blancas therein
specified. • Statute: specific
Statute: specifically
ally designat
designates
es the pers
persons
ons who may bring
actions for quo warranto, excludes
warranto, excludes others from bringing such
Cagayan
Cagayan Valley Enterpri
Enterprises,
ses, Inc. v. CA – previ
previous
ous page, sa kabilang actions.
column 
 Escribano v. Avila
 Roman Catholic Archbishop
Archbishop of Manila v. Social Sec
Security
urity Commission • Statute:
Statu te: for libe
libel,
l, “prel
“prelimina
iminary
ry inves
investigat
tigations
ions of crimi
criminal
nal
actions for written defamation xxx shall be conducted by the
• Issu
Issue:
e: a rereli
ligi
gious
ous inst
instit
itut
utio
ion
n invo
invoki
king
ng eju
ejusde
sdem
m gen
generi
eri
city fiscal of province or city or by municipal court of city or
whether ‘empl
whether ‘employer”
oyer” be limi
limited
ted to undert
undertaking
aking an acti
activity
vity
capital of the province where such actions may be instituted
which has an element of profit or gain?
 precludes all other municipal courts from conducting such
• Statut
Statute:
e: “any
“any person
person,, nat
natura
urall or juridi
juridical
cal,, dom
domest
estic
ic or
 preliminary investigations
investigations
foreign, who carried in the Philippines any trade, business,
industry…. and uses the services of another person, who
 Peo. v. Lantin
und
under
er his ord
Government,orders
ersany
and as ofreg
regard
itsard the emp
employ
political loymen
ment,
t, branches
subdivisions except
except the
or • Statute: crimes which cannot be prosecuted de oficio namely
instrumentalitiess and GOCCs”.
instrumentalitie adul
adulte
tery
ry,, conc
concub
ubin
inag
age,
e, se
sedu
duct
ctio
ion,
n, ra
rape
pe or acts
acts of
lasciviousness; crimes such as slander can be prosecuted de
•   Hel
Held:
d: No. the rule
rule of ejusd
ejusdem
em generis applies only when
oficio.
ther
theree is uncuncererta
tain
inty
ty.. Th
Thee defi
defini
niti
tion
on is susuff
ffic
icie
ient
ntly
ly
comprehensive to include charitable institutions and charities
not for profit; it contained exceptions which said institutions
More short examples on p. 225
and entities are not included.
 Manila Lodge No. 761 v. CA
Santos v. CA
Expressio unius est exclusion alterius
 Lerum v. Cruz 
• The express mention of one person, thing or consequence Central Barrio v. City Treasurer of Davao
implies the exclusion of all others.
• Rule may be expressed in a number of ways: Vera v. Fernandez
o  Expressum facit cessare tacitum -  wh what
at is • Statute: All claims for money against the decedent, arising
expressed puts an end to that which is implied from contracts, express or implied, whether the same be due,
where a statute, by its terms, is expressly limited to not due, or contingent, all claims for funeral expenses and

certa
certain
in matters,
construction, it may not,
be extended by matters.
to other inte
interpreta
rpretation
tion or expenses
for moneyfor the last
against sickness must
decedent, of thebe
decedent, and judgment
filled within the time
o  Exceptio firmat regulam in casibus non exceptis
exceptis   - limit of the notice, otherwise barred forever.
A thing not being excepted must be regarded as • Held: The taxes due to the government, not being mentioned
coming within the purview of the general rule in the rule are excluded from the operation
op eration of the rule.
 

 Mendenilla v. Omandia • Held: No. Charitable and religious specifically enumerated

• Statute:
Statute: changed the form of govern
government
ment of a munic
municipal
ipality
ity only goes to show that the framers of the law in question
into a city provides that the incumbent mayor, vice-mayor never intended to include solicitations for religious purposes
and members of the municipal board shall continue in office within its coverage.
until the expiration of their terms.
• Held: all other municipal offices are abolished.

 Butte v. Manuel Uy & Sons, Inc.

• Statute: Legislature deliberately selected a particular method Limitations of the rule
of giving notice, as when a co-owner is given the right of 1. It is no nott a rule
rule of la
law,
w, bu
butt mer
ereely a to
tool
ol in st
stat
atut
utor
ory
y
legal redemption within 30 days from notice in writing by construction
the vendor in case the other co-owner sells his share is the 2.  Expressio unius est exclusion alterius, no more
more than
than
co-owned property, auxiliary rule of interpretation to be ignored where other
• Held: the method of giving notice must be deemed excusive circumstances indicate that the enumeration was not intended
& a notice sent by vendee is ineffective. to be exclusive.
3. Doe
Doess not aappl
pply
y whe
where
re en
enume
umerat
ration
ion iiss by wa
way
y of ex
examp
ample
le or
to remove doubts only.

Gomez v. Ventura
Villanueva v. City of Iloilo • Issue: whether the prescription by a physician of opium for a
• Statute: Local Autonomy Act, local governments are given  patient whose physical condition did not require the use of
 broad powers to tax everything, except those which are such drug constitutes “unprofessional conduct” as to justify
specifically mentioned therein. If a subject matter does not revocation of physician’s license to practice
come within the exceptions, an ordinance imposing a tax on • Held: Still liable! Rule of expressio unius not applicable
such subject matter is deemed to come within the broad • Court said, I cannot be seriously contended that aside from
taxi
taxing
ng powe
power,
r, except
exception
ion fir
firmat
mat regula
regulam
m in cas
casibu
ibuss non the five examples specified, there can be no other conduct of
exceptis. a phy
physi
sici
cian
an deem
deemed
ed ‘un
‘unpr
prof
ofes
essi
sion
onal
al.’
.’ Nor
Nor cacann it be
convincingly argued that the legislature intended to wipe out
Samson v. Court of Appeals all other forms of ‘unprofessional’ conduct therefore deemed
• Where the law provides that positions in the government grounds for revocation of licenses
 belong to the competitive service, except those declared by
law to be in the noncompetitive service and those which are 4. Doe
Doess not ap
apply
ply wh
when
en in ca
case
se a sta
statut
tutee app
appear
earss upon iits
ts fa
face
ce
 policy-determining, primarily confidential or highly to limit the operation of its provision to particular persons or
tec
echn
hnic
ical
al in natu nature
re and enu num
merat
eratees thos
thosee in the things enumerating them, but no reason exists why other
no
nonc
ncom
ompepeti
titi
tive
ve as in
incl
clud
udin
ing
g SECR
SECRET ETARARIEIES
S OF  persons or things not so enumerated should not have been
GOVERN
GOV ERNORSORS AND MA MAYOR
YORS,S, the cle
clear
ar intent
intent is that
that included and manifest injustice will follow by not including
assistant secretaries of governors and mayors fall under the them.
compet
com petiti
itive
ve servic
service,
e, for by mak
making
ing an enuenumer
merati
ation,
on, the 5. If it wi
will
ll re
resul
sultt in inc
incong
ongrui
ruitie
tiess or a violati
violation
on of the eequa
quall
legislature is presumed to have intended to exclude those not  protection clause of the
the Constitution.
enumerated, for otherwise it would have included them in 6. If adhe
adheren
rence
ce the
theret
reto
o woul
wouldd caus
causee inco
inconve
nvenie
nience
nce,, hards
hardship
hip
the enumeration and injury to the public interest.

 Firman General Insurance Corp. v. CA Doctrine of casus omissus

• The insur
insurance
ance compa
company
ny disc
disclaim
laimed
ed lia
liabilit
bility
y since death • A person, object or thing omitted from an enumeration must
result
resulting
ing fro
from
m mur
murder
der was imp
impli
liedl
edly
y exc
exclud
luded
ed in the  be held to have been omitted
omitted intentionally.
intentionally.

insurance policy as the cause of death is not accidental but • The maxim operates only if and when the omission has been
rather a deliberate and intentional act, excluded by the very clearly established, and in such a case what is omitted in the
nature of a personal accident insurance. enumeration may not, by construction, be included therein.
• Held:
Hel d: the pri
princi
nciple
ple “expre
“expresss
sssio
io uni
unius
us est exc
exclus
lusio
io - the • Exception: where legislature did not intend to exclude the
mention of one thing implies the exclusion of the other thing  person, thing or object from the enumeration. If such
- not having been expressly included in the enumeration of legislative intent is clearly indicated, the court may supply
circumstances that would negate liability in said insurance the omission if to do so will carry out the clear intent of the
 policy cannot be considered by implication to discharge the legislature and will not do violence to its language
 petitioner insurance company to include death resulting from
murder or assault among the prohibited risks lead inevitably Doctrine of last antecedent
to the conclusion that it did not intend to limit or exempt • Qualif
Qua lifyin
ying
g wor
words
ds res
restri
trict
ct or mod
modify
ify only the words or
itself from liability for such death  phrases to which they are immediately associated not those
•  Insurance company still liable for the injury, disability and which are distantly or remotely located.
loss suffered by the insured. (sobra ‘to, I swear! Minurder na •  Ad proximum antecedens fiat relatio nisi impediatur
nga, ayaw pang bayaran! Sobra! Hindi daw accidental… eh  sententia – relative words refer to the nearest antecedents,
di mas lalo ng kailangang bayaran dahil murder! Sus! Sus!) unless the context otherwise requires
• Rule: use of a comma to separate an antecedent from the rest
Centeno v. Villalon-Pornillos exerts a dominant influence in the application of the doctrine
• Issue: whether the solicitation for religious purposes, i.e., of last antecedent.
renovation of church without securing permit fro Department
of Social Services, is a violation of PD 1564, making it a Illustration of rule
crim
crimininal
al offe
offens
nsee fo
forr a pepers
rson
on to soli
solici
citt or rece
receiv
ivee
contributions for charitable or public welfare purposes.
 

 Pangilinan v. Alvendia custody” applies to all schools, academic as well as non-

• Members of the family of the tenant includes the tenant’s academic
son
son,, son
son-in
-in-la
-law,
w, or gra
grands
ndson,
on, eve
even
n though
though they
they are not • Held: teachers   pupi pupils
ls and
and ststud
uden
ents
ts;; he
head
adss of
dependent upon him for support and living separately from
establishments of arts and trades to  apprentices
him BECAUSE the qualifying phrase “who are dependent
• General rule: responsibility for the tort committed by the
upon him for support” refers solely to its last antecedent,
student will attach to the teacher in charge of such student
namely, “such other person or persons, whether related to the
(where school is academic)
tenant or not”
• Except
Exc eption
ion:: respon
responsib
sibili
ility
ty for the tort
tort com
commit
mitted
ted by the
student will attach to the head, and only he, (who) shall be
 Florentino v. PNB
held liable (in case of the establishments of arts and trades;
• Issue: whether holders of backpay certificates can compel
technical or vocational in nature)
govern
gov ernmen
ment-o
t-owne
wned
d ban
banks
ks to accept
accept said
said certif
certifica
icates
tes in

 payment of the holder’s obligations

obligations to the bank. PROVISOS, EXCEPTIONS AND CLAUSES
• Statute: “obligations subsisting at the time of the approval of
this amendatory act for which the applicant may directly be Provisos, generally
liab
liable
le to the
the gov
gover
ernm
nmen
entt or to an any
y of its
its bran
branch
cheses or • to limit the application of the enacting clause, section or
instrumentalities, or to corporations owned or controlled by  provision of a statute, or except something, or to qualify or
the government,
government, or to any citizens
citizens of the Phili
Philippine
ppiness or to restrain its generality, or exclude some possible ground of
any association
association or corpor
corporatio
ationn organi
organized
zed under the laws of misinterpretation of it, as extending to cases not intended by
the Philippines, who may be wiling to accept the same for legislature to be brought within its purview.
such settlement” • Rule: restrain or qualify the generality of the enacting clause
• Held: the court, invokin
invokingg the doctrine of last antece
antecedent,
dent, or section which it refers.
rul
ruled
ed that
that the phr
phrase
ase quali
qualifyfy only
only to its last antec
antecede
edent
nt • Purpose: limit or restrict the general language or operation of
namely
name ly “any citize
citizenn of the Philippi
Philippines
nes or assoc
associati
iation
on or the statute, not to enlarge it.
corporation organized under the laws of the Philippines” • Locat
Loc ation
ion:: com
common
monlyly fou
found
nd at the end of a statut
statute,
e, or
• The court held that backp
backpayay certific
certificate
ate holders can compe
compell  provision & introduced, as a rule, by the word “Provided”.
government-
govern ment-owned
owned banks to acce accept
pt said certific
certificates
ates for • Determ
Det ermine
inedd by: Wha
Whatt determ
determine
iness whe
whethe
therr a cla
clause
use is a
 payment of their obligations
obligations with the bank.  proviso is its substance rather than its form. If it performs

Qualifications of the doctrine. any

such,ofirrespective
the functions of a proviso,
of what word or then it is
phrase will be to
used regarded as
introduce
1. Subje
Subjectct to
to the excep
exception
tion that where the iintent
ntention
ion of the llaw
aw iiss it.
to app
applyly the phr
phrase
ase to all antec
antecede
edents
nts emb
embrac
raced
ed in the
 provision, the same should be be made extensive to the whole. Proviso may enlarge scope of law
2. DocDoctri
trine
ne doe
doess not app
apply
ly whe
where
re the iinte
ntenti
ntion
on is not tto
o qual
qualify
ify
• It is still the duty of the courts to ascertain the legislative
the antecedent at all.
intention and it prevails over proviso.
• Thus it may enlarge, than restrict
Reddendo singular singuilis
• Variation of the doctrine of
o f last antecedent
U.S. v. Santo Nino
• Referring each to each;
• Statute: it shall be unlawful for any person to carry concealed
• Referring each phrase or expression to its appropriate object,
or let each be put in its proper place, that is, the word should about his person any bowie, knife, dagger, kris or any other
 be taken distributively.
distributively. deadly weapon: Provided,
weapon: Provided, that this provision shall not apply
to firearms in the possession of persons who have secured a
 Peo. v Tamani li
lice
cens
nsee ther
theref
efor
oree or who
who araree en
enti
titl
tled
ed to same
same unde
underr
 provisions of this Act.
• Iss
Issue:
ue: when to cou
count
nt the 15-da
15-day
y per
period
iod withi
within
n whi
which
ch to
•
appeal a judgment
 promulgation of conviction
of judgment of criminal
or date action—date
of receipt of
of notice of Hel
Held:
d: throug
includethr
inough
thehprohibition
the Pro
Provis
viso
o it man
manife
weapons ifeste
sted
other d the
than intent
intention
armas ion to
blancas
 judgment. as specified.
• Statute: Sec. 6, Rule 122 of the Rules of Court
• Held: Should be from ‘promulgation’ should be referring to Proviso as additional legislation
‘judgment,’ while notice refer to order. • Expressed in the opening statement of a section of a statute
• Would
Wou ld mea
mean n exactl
exactly
y the rev
revers
ersee of wha
whatt is necess
necessari
arily
ly
 King v. Hernandez  implied when read in connection with the limitation
• Issue: Whether a Chinese holding a noncontrol position in a • Purpose:
retail
retail estab
establishm
lishment,
ent, comes within the prohib
prohibition
ition against o To limit generalities
alie
aliens
ns inte
interv
rven
enin
ing
g “i “in
n the
the mamana
nage
geme
ment
nt,, opeopera
rati
tion
on,, o Exclude from the scope of the statute that which
administration or control” followed by the phrase “whether otherwise would be within its terms
as an officer, employee or laborer…
• Held: Following the principle, the entire scope of personnel What proviso qualifies
activi
activity,
ty, includ
including
ing that
that of lab
labore
orers,
rs, is cov
covere
eredd by the • Ge
Gene
nera
rall rul
rule:
e: qual
qualif
ifie
iess or modimodifi
fies
es only
only the
the phras
phrasee
 prohibition against the employment
employment of aliens. im
imme
medi
diat
atel
ely
y prec
preced
edin
ing
g itit;; or re
rest
stra
rain
inss or li
limi
mits
ts the
the
generality of the clause that it immediatel
immediately y follows.
 Amadora v. CA • Except
Exc eption
ion:: unless
unless it cl
clear
early
ly app
appear
earss that
that the legisl
legislatu
ature
re
• Issue: whether Art 2180 of Civil Code, which states that intended to have a wider scope
“lastly teachers or heads of establishments of arts and trade
sha
shall
ll be lia
liable
ble for dam
damage
agess caused
caused by their
their pupi
pupils
ls and Chinese Flour Importers Assn v. Price Stabilization Board 
studen
students
ts or app
appren
rentic
tices
es so long
long as they
they remain
remain in their
their
 

• Statute: Sec. 15 RA 426 - Any existing law, executive order • Where there is a conflict between the proviso and the main
or regulation to the contrary notwithstanding, no government  provision, that which is located in a later portion of the
agency except the Import Control Commission shall allocate statut
statutee pre
prevai
vails,
ls, unl
unless
ess there
there is legisl
legislat
ative
ive intent
intent to the
the import quota amoamong ng the var
variou
iouss imp
import
orters
ers..  Provided, contrary.
That the Philippine Rehabilitation and Trade Administration • La
Latt
tter
er prov
provis
isio
ion,
n, whet
whethe
herr provi
provisi
sion
on or not,
not, is give
given
n
shall have exclusive power and authority to determine and  preference for it is the latest expression of the intent of the
regulate the allocation of wheat flour among importers.” legislation.
• Issue: whether or not the proviso excluded wheat flour from
the scope of act itself. Exceptions, generally
• Held
Held:: NO
NO!! PrProv
ovis
isoo re
refe
ferr to the
the clau
clause
se im
imme medi
diat
atel
ely
y • Except
Exc eption
ion con
consis
sists
ts of that
that whi
which
ch wou
wouldld otherw
otherwise
ise be
 preceding it and can have no other meaning than that the included in the provision from which it is excepted.
function of allocating the wheat flour instead of assigning to • It is a clause which exempts something from the operation of
Import Control Commission was assigned to PRTA. a statute by express words.
• If wheat flour is exempted from the provisions of the Act, • “except,” “unless otherwise,” and “shall not apply”
the proviso would have been placed in the section containing • May not be introduced by words mentioned above, as long as
the repealing clause if such removes something from the operation of a provision
of law.
Collector of Internal Revenue v. Angeles • Function: to confirm the general rule; qualify the words or
• When
Whe n an earlie
earlierr sectio
section
n of statut
statutee con
contai
tains
ns pro
provis
viso,
o, not  phrases constituting the general rule.
embodied in later section, the proviso, not embodied in a •  Exceptio firmat regulam in casibus exceptis - A thing not
later section thereof, in the absence of legislative intent, be  being excepted, must be regarded as coming within the
confined to qualify only the section to which it has been  purview of the general rule.
rule.
appended. • Doubts: resolved in favor of general rule

 Flores v. Miranda
• Issu
Issue:
e: Pe
Peti
titi
tion
oner
er that
that ap
appr
prova
ovall of the
the Pu
Publ
blic
ic Se
Serv
rvic
icee Exception and Proviso distinguished
Commission of the sale of public service vehicle was not
necessary because of proviso in Sec. 20 of Commonwealth Exception:
Act No. 146
• Exempts something absolutely from the operation of statute
• Statute: It shall be unlawful for any public service vehicle or • Takes out of the statute something that otherwise would be a
for the owner, lessee
lessee or ope
operat
rator
or thereo
thereof,
f, withou
withoutt the  part of the subject matter
matter of it.
 previous approval and authority of the Commission • Part of the enactment itself, absolutely excluding from its
 previously had xxx to sell, alienate xxx its property, operation some subject or thing that would otherwise fall
franchise; Provided,
franchise;  Provided, however, that nothing herein contained within the scope.
shall be const
construed
rued to preve
preventnt the trans
transacti
action
on from being Proviso:
negotiated or completed before its approval or to prevent the • Defeats its operation conditionally.
sale, alienation, or lease by any public service of any of its • Avoids by way of defeasance or excuse
 property in the ordinary course of business” • If the enactment is modified by engrafting upon it a new
• Held:  provision, by way of amendment, providing conditionally for
o the proviso xxx means only that the sale without a new case- this is the nature of proviso.
the required approval is stillstill valid and bindin
bindingg
 between the parties;
parties; also Similar: in a way since one of the functions of proviso is to except
o the phrase “in the ordinary course of business xxx something from an enacting clause.
could not have been intended to include sale of
vehicle itself, but at most may refer only to such Illustration of exception
 property that may be conceivably disposed of by  
the carrier in the ordinary course of its business,  MERALCO v. Public
Public Utilities E
Employees’
mployees’ Association
like junked equipment.
• Stat
Statut
ute:
e: No pers person
on,, fi
firm
rm,, or corpo
corpora
rati
tion
on,, busi
busine
ness
ss
establishment or place shall compel an employee or laborer
 Mercado Sr. v. NLRC 
NLRC 
to work
work on Sund Sundayays&
s& le lega
gall holi
holida
days
ys,, unle
unlessss pa
paid
id an
• Held: the proviso in par 2 of Art 280 relates only to casual
ad
addi
diti
tiona
onall sum
sum of at le leas
astt 25%
25% of his his rerenum
numererat
atio
ion:
n:
employees; not to project employees.
 Provided, that
that this
this pro
prohib
hibiti
ition
on shall
shall not app
applyly to publ
publicic
• Applying rule that proviso to be construed with reference to utilit
utilities
ies perform
performing
ing publ
publicic ser
servic
vice,
e, e.g.
e.g. supply
supplying
ing gas,
gas,
immedi
imm ediat
ately
ely pre
preced
ceding
ing par
partt of the pro
provis
vision
ion whi
which
ch it is electricity, power, water etc…
attached and not to other sections thereof, unless legislative
• Issue: Is MERALCO liable to pay the 25% for employees
intent was to restrict or qualify.
who work during holidays and Sundays?
Exception to the rule • Held: Negative. 2nd part is an exception although introduced
• Proviso construed to qualify only the immediately preceding  by “Provided.” As appellant is a public utility that supplies
 part of the section to which it is attached; if no contrary electricity & provides means of transportation, it is evident
legislative intent is indicated. that
that apappe
pell
llan
antt is ex
exem
empt
pt fr
from
om qua
quali
lifi
fied
ed prohi
prohibi
biti
tion
on
• Where intent is to qualify or restrict the phrase preceding it established in the enactment clause.
or the earlier provisions of the statute or even the statute
itself as a whole, then the proviso will be construed in that Tolentino v. Secretary of Finance
manner, in order that the intent of the law may be carried out • Statute: No bill shall be passed by either House shall become
a law unless it has passed 3 readings on separate days, &
Repugnancy between proviso and main provision  printed copies thereof in its final form have been distributed
 

to its Members 3 days before its passage,

passage, exce
except
pt when the o Construe its parts and section in connection with
Pres
Presid
iden
entt ce
cert
rtif
ifie
iess to the
the nece
necessssit
ity
y of its
its im
imme
medi
diat
atee other parts
enactment to meet a public calamity or emergency. o Why? To “produce” a harmonious whole
• Held: it qualifies only its nearest antecedent, which is the
distribution of the printed bill in its final form 3 days from its •  Never:
final passage.& not the 3 readings on separate days. o Divide by proce
Divide process
ss of etym
etymologic
ological
al disse
dissertati
rtation
on
(why?
(wh y? Beca
Because
use there
there are instan
instances
ces whe
when n the
 Pendon v. Diasnes intention of the legislative body is different from
• Issu
Issue:
e: whet
whethe
herr a pers
person
on co
convi
nvict
cted
ed of a crim
crimee ag
agai
ains
nstt that of the definition in its original sense)
 property, who was granted absolute pardon by the President, o Separate the words (remember that the whole point
is entitled to vote? of this chapter is to construe it as a whole)
• Statute: A person shall not be qualified to vote “who has o Separate context
 been sentenced by final judgment to suffer one year or more o Base
Base defini
definitio
tions
ns on le lexic
xicogra
ographe
pherr (wh
(what
at is a
from imprisonment, such disability not having been removed
lexicographer? A person who studies lexicography.
any plenary pardon” or “who has been declared by final
What is lexicogr
lexicography
aphy then
then?? Analyz
Analyzes
es sema
semantic
ntic
 judgment guilty of any crime
crime against property.”
relations
relationships
hips between lexicon and langu
language
age – not
• 1st clause- 2 excpetions – (a) Person penalized by less than 1 important. Never mind ) – ang kulit!
yr.; and (2) Person granted
g ranted an absolute pardon • The whole point of this part is to construe the whole statute
•
nd st nd
2  clause - creates exception to 1  but not to 2  that a person and its part
part togeth
together
er (actua
(actually
lly kah
kahit
it ito nalang
nalang tandaa
tandaann
convicted
convic ted of crime
crime agains
againstt prop
propert
erty
y cannot
cannot vot
votee unless
unless hanggang matapos kasi ito lang yung sinasabi ng book)
there’s pardon.
• Held: absolute pardon for any crime for which one year of Intent ascertained from statute as whole
imprisonment or more was meted out restores the prisoner to • Legislative meaning and intent should be
his political rights. extracted
extra cted/asce
/ascertai
rtained
ned from stat
statutes
utes as a whole (hence the
• If penalty less 1 yr, disqualification not apply, except when title…)
against property- needs pardon. o Why? Because the law is the best expositor of
itself 
• The 2nd clause creates the exception to the 1st 
• Interpretatio est ipsum statutum - the best
Optima Statuti Interpretatio
Gorospe v. CA (exception need not be introduced by “except” or interpreter of a statute is the statute itself
“unless”) o [rem
rememb
ember
er this
this story
story to memmemoriorize
ze the max
maxim
im::
• Statute: Rule 27 of Rules of Court, “service by registered Optimaa at Stat
Optim Statuti
uti  Frutt
Fruttii where interpre
interpreting
ting as to
mail is complete upon actual receipt by the addressee; but if why when cockroaches(IPIS) when added results
fail to claim his mail from the post office within 5 days from to SUM (ipsu
(ipsumm) a stadiu
stadiumm (st
(stat
atutu
utum)]
m)] – sorry
sorry
ate of first notice of the postmaster, service shall take effect  blockmates, weird si cherry! 
at the expiration of such time.” • Do not inquire too much into the motives which influenced
• Issue: Whether actual receipt the date of a registered mail the legislative body unless the motive is stated or disclosed
after
after 5 day perio
period,
d, is the date from which to cou count
nt the in the statute themselves.
 prescriptive period to comply with certain re requirements.
quirements.
• Held: Service is completed on the 5 th day after the 1st notice,  Aisporna v. CA
even if he actually received the mail months later. •  pointed out that words, clauses, phrases should not be
studied as detached/isolat
d etached/isolated
ed expressions
• 2nd  part is separated by semicolon, and begins with ‘but’
o Consider every part in understanding the meaning
which indicates exception.
of its part to produce a harmonious whole
o Meaning of the law is borne in mind and not to be
Saving clause
• Provision of law which operates to except from the effect of extracted from a single word
o Most important: Every part of the statute must be
the law what the clause provides, or save something which
interpreted with reference to the context
would otherwise be lost.
• Used to save something from effect of repeal of statute
 Aboitiz Shipping Corp v. City
City of Cebu
• Legislature, in repealing a statute, may preserve in the form
• Described that if the words or phrases of statute be taken
of a saving clause, the right of the state to prosecute and
individually it might convey a meaning different form the
 punish offenses committed
committed in violation of the repealed
repealed law.
one intended by the author.
• Where
Whe re existi
existing
ng proc
procedu
edure
re is alter
altered
ed or sub
substi
stitut
tuted
ed by
• Interpreting words or phrases separately may limit the extent
another, usual to save proceedings under the ol old
d law at the
of the application of the provision
time the new law takes effect, by means of saving clause
• Construed: in light of intent by legislature Gaanan v. Intermediate
I ntermediate Appellate Court 
• Given
Giv en str
strict
ict or lib
libera
erall mea
meanin
ningg dep
depend
ending
ing on nat
nature
ure of • Case of wire tapping
statute.
• There is a provision which states that “ it shall be unlawful
for any person, not being authorized by all the parties to any
CHAPTER SIX: Statute Construed as Whole and in Relation to
 private communication or spoken word to tap any wire or
other Statutes
cable
cable or by using
using any other devic
devicee or arrang
arrangeme
ement,
nt, to
secretly overhear, intercept, or record such communication
STATUTE CONSTRUED AS WHOLE
or spoken word by using such device commonly known as
dictagraph…”
Generally
• Issue: whether the phrase device or arrangement includes
• Statute is passed as a whole
 party line and extension
extension
o It should have one purpose and one intent
 

• Statcon: it should not be construed in isolation. Rather it  Ut res magis valeat quam pereat - the
should be interpreted in relation to the other words (tap, to construction is to be sought which gives
overhe
ove rhear)
ar) thus
thus party
party lin
linee or teleph
telephone
one ext
extens
ension
ion is not effect to the whole of the statute - of its
included because the words in the provision limit it to those every word.
that have a physical interruption through a wiretap or the
deliberate installation of device to overhear. (Remember the Apparently conflicting provisions reconciled
maxim noscitus a sociis because in here they applied an • included in the rule of construing statute as a whole, is the
association with other words in construing the intention or reconciling and harmonizing conflicting provisions because
limitation of the statute) it is by this that the statute will be given effect as a whole.
• Why
Wh y is it a mustmust foforr co
cour
urts
ts to harm
harmon
oniz
izee co
confl
nflic
icti
ting
ng
 National Tobacco Administration
Administration v. COA  provision? - Because they are equally the handiwork of the
• Issue:: wheth
Issue whether
er educa
educationa
tionall assis
assistanc
tancee given to indiv
individual
idualss same legislature
 prior to the enactment of RA 6758 should be continued to be
received?  RP v. CA
• Held:
Hel d: Yes
Yes.. Pro
Proper
per interp
interpret
retat
ation
ion of sectio
section12
n12 RA 6758 • Iss
Issue:
ue: wheth
whether
er or not an app
appeal
eal of cases
cases involv
involving
ing just
just
depends on the combination of first and second paragraph compensation should be made first by DARAB before RTC
• Fi
Firs
rstt sent
senten
ence
ce stat
states
es that
that “suc
“such
h otheotherr addi
additi
tion
onal
al under Sec. 57
compensation not otherwise specified as may be determined • Held: SC said that the contention of the Republic and the
 by the DBM shall be deemed included in the standardized Land
Lan d Ban
Bank
k in the affir
affirmat
mative
ive side has no mermerit
it becaus
becausee
salary rates herein prescribed.” The second sentence states although
although DARAB is grante
granted
d a juris
jurisdicti
diction
on over agrarian
“such other additional
additional compensa
compensation,
tion, whethe
whetherr in cash or in reform matters, it does not have jurisdiction over criminal
kind, being received
received by incum
incumbents
bents only as of July 1, 1989 cases.
not
not inte
integr
grat
ated
ed into
into the
the stan
standa
dard
rd sh
shal
alll co
cont
ntin
inue
ue to be
authorized.” (you can ask cheery na lang to explain it, ang Sajonas v. CA
haba ng nasa book  ) • Issue: what period an adverse claim annotated at the back of
• statc
statcon:
on: do not isolat
isolatee or det
detach
ach the parparts.
ts. Con
Constr
struin
uingg a a transfer certificate effective?
stat
statute
ute as a whole includes reconcireconciling
ling and harmon
harmonizin
izing
g • Held: In construing the law Sec. 70 of PD 1529 (adverse
conflicting provisions claim shall be effective for a period of 30 days from the date
of the registration…) care should be taken to make every part
p art
Purpose or context as controlling guide effective
• construe
const rue whole stat
statute
ute and asce
ascertai
rtain
n the meaning of the
words
wor ds or phrphrase
asess base
base on its context
context,, the natu
nature
re of the Special and general provisions in same statute
subject, and purpose or intention of the legislative body who • special would overrule the general
enacted the statute • special must be operative; general affect only those it applies
• give it a reasonable
r easonable construction • except to general provision
• Leeway are accepted on grammatical construction, letters of
the statutes, rhetorical framework if it can provide a clear Construction as not to render provision nugatory
and definite
definite purpose of the whole stat
statute
ute ( as long as it can • another consequence of the rule: provision of a statute should
 produce a clear and definite statutes, it is sometimes affected not be const
construed
rued as to nullify or rende
renderr anoth
another
er nugatory in
to be lax on the construction of grammar) the same statute
• Harmonize the parts of each other and it should be consistent • Interpretatio fienda est et res magis valeat quam pereat - a
with its scope and object law should be interpreted with a view to upholding rather
than destroying
Giving effect to statute as a whole o Do not construe a statute wherein one portion will
• Why construe a statute as a whole? - Because it implies that destroy the other 
o
one part is as important as the other  Avoi
Avoidd a co cons
nstr
truc
ucti
tion
on whic
which
h wi
will
ll re
rend
nder
er to
• What if the provision/section is unclear by itself? - One can  provision inoperative
make it clear by readi
reading
ng and const
construing
ruing it in relat
relation
ion to the
whole statute Reason for the rule
• Ho
Howw do you you prop
proper
erly
ly and
and inte
intell
llig
igen
entl
tly
y cons
constr
true
ue a •  because of the presumption that the legislature has enacted a
 provision/statute? - 3 ways: (1) Understand its meaning and statute whose provisions are in harmony and consistent with
scope; (2) apply to an actual case; (3) courts should consider each other and that conflicting intentions is the same statute
the whole act itself  are never supported or regarded
• Why should every part of the statute be given effect? -
Be
Beca
caus
usee it is en
enac
acte
ted
d as an inte
integr
grat
ated
ed memeasasur
uree not
not a Qualification of rule
hodgepodge of conflicting provisions • What if the parts cannot be harmonized or reconciled without
nullifying the other? - Rule is for the court to reject the one
• Ways on how the courts should construe a statute (according
which is least in accord with the general plan of the whole
to Republic
to Republic v. Reyes
Reyes):
): statute
o Interpret the thought conveyed by the statute as
• What if there is no choice? - the latter provision must vacate
whole the former; last in order is frequently held to prevail unless
o Construe constituent parts together  intent is otherwise
o •
Ascertain legislative intent form whole part What if the conflict cannot be harmonized and made to stand
o Consider each and every provision in light of the together? - one must inquire into the circumstances of their
general purpose  passage
o Ma
Makeke evever
ery
y part
part effe
effect
ctiv
ive,
e, harm
harmoni
oniou
ouss an
and
d
sensible (adopt a construction which would give Construction as to give life to law
effect to every part of the of the statute)
 

•  provide sensible interpretation to promote the ends of which • Law – “the municipal board shall have a secretary who shall
they were enacted  be appointed by it to serve dur
during
ing the term ooff office of the
• construct them in a reasonable and practical way to give life members thereof”
to them • Amendment – “the vice-mayor shall appoint all employees
• Interpretatio fienda es ut res magis valeat quam pereat - of the
the bo
boarard
d wh
whoo may
may be suspsuspen
ende
dedd or reremo
moveved
d in
interpretation will give the efficacy that is to be adopted. accordance with law”
• Construction of both Law and Amendment – the power of
Construction to avoid surplusage the
the vice
vice-m
-may
ayor
or to ma
make
ke appo
appoin
intm
tmen
entt pur
pursu
suan
antt to the
the
• construe the statute to make no part or provision thereof as am
amen
enda
dato
tory
ry ac
actt is li
limi
mite
ted
d to thethe ap
appoi
point
ntme
ment
nt of al alll
surplasage employees of the board other than the board secretary who is
• each and every part should be given due effect and meaning to be appointed by the board itself 
• do not construe a legal provision to be a useless surplusage
and meaningless STATUTE CONSTRUED IN RELATION TO CONSTITUTION
• exert all efforts to provide the meaning. Why? Because of AND OTHER STATUTES
the presumption that the legislature used the word or phrase
for a purpose Statute construed in harmony with the Constitution
• Constituti
Const itution-
on- the fundament
fundamental al law to which all laws are
Application of rule subservient
• General Rule: Do not interpret a statute independent from the
 Mejia v.Balalong constitution
• Issue: how to constru “next general election” in Sec. 88 of • Construe the statute in harmony with the fundamental law:
the City Charter of Dagupan City? Why? Because it is alwa always
ys presu
presumed
med that the legisla
legislature
ture
adhered to the constitutional limitations when they enacted
• Held: the phrase refers to the next general election after the
the statute
city came into being and not the one after its organization by
• It is also important to understand a statute in light of the
Presidential Proclamation.
constitution and to avoid interpreting the former in conflict
with the latter 
 Niere v. CFI
CFI of Negros Occident
Occidental 
al 
• What if the statute is susceptible to two constructions, one is
• Issue:: does the city mayor have the power to appoint a city
Issue
constituti
const itutional
onal and the other
other is unconstit
unconstitutiona
utional?l? A: The
engineer pursuant to Sec. 1 of the City Charter of La Carlote construction that should be adopted should be the one that is
• Held: no,
no, the cit
city
y mayor does not hahave
ve such powe
power.r. The
constituti
const itutional
onal and the one that will render it inval
invalidid should
 phrase “and other heads and other employees of such
 be rejected.
depart
dep artmen
ments
ts as may be creat
created”
ed” whom the mayor can can
• The Court should favor the construction that gives a statute
appoint, refers to the heads of city departments that may be
of surviving the test of constitutionality
constitutionality
created after the law took effect, and does not embrace the
• The Court cannot
cannot in ord
order
er to bri
bring
ng a statut
statutee within
within the
city
city engin
engineer
eer.. To rule oth
otherw
erwise
ise is to rende
renderr the first
fundamental law, amend it by construction
conjunctio
conju nction
n “and” before the words “fire departmen
department”t” a
superfluity and without meaning at all
Tañada v. Tuvera
Uytengsu v Republic • this is the case regarding Art. 2 of the Civil Code especially
the phrase “unless otherwise provided”.
prov ided”.
• Issu
Issue:
e: whet
whethe
herr the
the rerequ
quir
irem
emen
entt the
the requ
requir
irem
emen
entt for
for
naturalization that the applicant “will reside continuously in • Statcon: one should understand that if  the
 the phrase refers to the
the Philippines from the date of the filing of the petition up  publication itself it would violate the constitution (since all
to the time of his admission to Philippine citizenship” refers laws should be made public) [if malabo, vague, eh? huh? –
to actual residence or merely to legal residence or domicile cherry will explain it na lang ]
• Held: such requirement refers to actual or physical residence
 because to construe it otherwise is to render the clause a Statutes in Pari
in Pari Materia 
surplusage. •  pari materia - refers
refers to any the following:
• An applicant for naturalization must be actually residing in o same person or thing
th
thee Phil
Philip
ippi
pine
ness fr
from
om the
the fili
filing
ng of the
the pe
peti
titi
tion
on for
for o same purpose of object
naturalization to its determination by the court o same specific subject matter 
• Later statutes may refer to prior laws.
 Manila Lodge No. 761 v. CA
CA • What if the later law have no reference to the prior law, does
• Issue: whether the reclaimed land is patrimonial or public that mean they are not in pari materia? - No. It is sufficient
dominion? that they have the same subject matter.
• Held: to say that the land is patrimonial will render nugatory • When is a statute not in pari materia? - The conditions above
and a surplu
surplusage
sage the phrase of the law to the effect that the are the determinants of ascertaining if a statute is in pari
City of Manila “is hereby authorized to lease or sell” materia, thus even if two statutes are under the same broad
• A sale of public dominion needs a legislative authorization, subject as along as their specific subjects are not the same,
while a patrimonial land does not. they are NOT in pari material

Statute and its amendments construed together  How statutes in Pari

in Pari Materia  constr
con strued
ued
• rule applies to the construction and its amendments
• Int
Inter
erpr
pret
etar
aree modus
et co
conc
ncord
ordar
areestatute
le
lege
gessmust
le
legi
gibu
buss construed
es
estt opti
optimu
mus
• Whatever changes the legislature made it should be given interpretandi – every be so ands
effect together with the other parts. harmonized with other statutes as to form a uniform system
of jurisprudence (parang ganun din nung first part, construe
 Almeda v. Florentino
Florentino it as a whole. But also bear in mind that it should also be in
harmony with other existing laws)
 

• Constr
Con strue
ue statut
statutes
es in pari
pari mat
materi
eriaa togeth
together
er to attai
attain
n the Illustration of the rule (in pari materia)
 purpose of an express national policy
• Why should they be construed together? - Because of the  Lacson v. Roque
assumption that when the legislature enacted the statutes they • Issue: the phrase unless sooner removed of a statute that
were thinking of the prior statute. Prior statutes relating to statess “the mayor shall hold office for four years unless
state
the same subject matter are to be compared with the new sooner removed”
 provisions. • statcon: the court held that the phrase should be construed in
• Again
Aga in it is imp
import
ortant
ant to har
harmon
monize
ize the statut
statutes
es.. Cou
Courts
rts relation
relation to remova
removall stat
statutes
utes.. Thus the phrase meant that
should not render them invalid without taking the necessary although the mayor cannot be removed during his term of
steps in reconciling them office,
office, once he viola
violates
tes those that
that are state
stated
d in rem
remova
ovall
statutes.

Chin Oh Foo v. Concepcion

Vda de Urbano v. GSIS  • cr
crim
imininal case   Artic
al case Article
le 12(1) exem
exempting
pting circ
circumsta
umstance
nce
• there were no facts given in the book except that it was in (imbecile or insane)
this
this case
case that
that in pari
pari mat
materi
eriaa was exp
explai
lained
ned wel
well.
l. The • Statcon: the phrase “shall not be permitted to leave without
explanation are the same in the aforementioned fir
first
st obtain
obtaining
ing permis
permissio
sion
n of the samsamee cou
court”
rt” should
should be
rec
reconc
oncile
iled
d with
with ano
anothe
therr statut
statutee that
that state
statess “any
“any patien
patientt
• Other things to consider in constructing statutes which are in confin
con fined
ed in a men
mental
tal insti
institut
tution
ion may be rel releas
eased
ed by the
 pari materia Direct
Directoror of Health
Health once he is cured.
cured. The Direct
Director
or shall
shall
o History of the legislation on the subject inform the judge that approved the confinement”. These two
o Ascertain the uniform purpose of the legislature statutes refers to a person who was criminally charged but
o Discover the policy related to the subject matter was proven to be an imbecile or insane, thus they should be
has been changed or modified construed together. Their construction would mean that in
o Consider acts passed at prior sessions even those order for the patient to be release there should be an approval
that have been repealed of both the court and the Director of Health.
• Distingue
Distingue tempo
tempora
ra et concorda
concordabisbis jura – dist
distinguis
inguish
h times
and you will harmonize laws  King v. Hernaez 
• In cases of two or more laws with the same subject matter: • Statcon: relation of RA 1180 (Retail Trade Nationalization
o Question is usually whether the later act impliedly Act) to Commonwealth Act 108 (Anti Dummy Law)
repealed the prior act.
o Rule: the only time a later act will be repealed or  Dialdas v. Percides
Percides
amended is when the act itself states so (that it • Facts: a alien who operated a retail store in Cebu decided to
supersedes all the prior acts) or when there is an close
close his Cebu store
store and trans
transfer
fer it to Dum
Dumagu
aguet
ete.
e. RTL
RTL
irreconcilable repugnancy between the two. (retail trade law) and Tax Code Sec. 199 were the statutes
o In the case of “implied” the doubt will be resolved taken into consideration in this case. The former authorizes
against the repeal or amendment and in favor of any alien who on May 15, 1954 is actually engaged in retail,
the harmonization of the laws on the subject (later to continue to engage therein until his voluntary retirement
will serve as a modification) from such business, but not to establish or open additional
stores
stores for ret
retail
ail busine
business.
ss. The lat
latter
ter pro
provid
vides
es that
that any
Reasons why laws on same subject are reconciled  business for which the privilege tax has been paid may be
• 2 main reasons: removed and continued in any other place without payment
o The pre
presum
sumpti
ption
on that
that the leg
legisl
islat
ature
ure took
took into
into of additional tax.
account prior laws when they enacted the new one. • Iss
Issue:
ue: wheth
whetherer the trans
transfer
fer by the alien from CebuCebu to
Dumaguete can be considered as a voluntary retirement from

(orbiter dictum ni cherry: this chapter keeps pointing out that the •
 business.
Held: No. Although the trial court affirmed the question, the
legislature are knowledgeable on the law, but I wonder how the actors
 fit? Im not discriminating but how did Lito Lapid, Loi Ejercito, etc SC ruled otherwise stating that RTC overlooked the clear
knew the prior laws? I heard they have researchers who do it for them.  provision of Sec. 199.
Why don’t we vote those researchers instead? Yun lang. I have been
reading the whole presumption that the legislature is knowledgeable. C & C ComCommer
mercia
ciall Cor
Corp p v. Nat
Nation
ional
al Wat
Waterw
erwork
orkss and Sew
Sewera
erage
ge
still alive?hahaha  )
 Madaming namamatay sa akala. Is agpalo still  Authority
• Facts: R.A. 912 (2) states that in construction or repair work
o Because enactments of the same legislature on the undertaken by the Government, Philippine made materials
same subject are supposed to form part of one and
and prprod
oduc
ucts
ts,, wh
when
enev
ever
er avai
availa
labl
blee shal
shalll be us used
ed in
uniform system (Why? Because later statutes are construction or repair work.
supplementary to the earlier enactments) • Flag Law (Commonwealth Act 138) gives native products
 If pos
possib
sible
le con
constr
strue
ue the two statut
statutes
es  preference in the purchase of articles by Government,
wherein the provisions of both are given including government owned or controlled corporations.
effect • Issue: interpretation of two statutes requiring that preference
 be made in the purchase and use of Phil. Made materials and
Where harmonization is impossible  products
• Earlier law should give way to the later law because it is the • Held: The SC relates the two statutes as in pari materia and
“current” or later expression of the legislative will they should be construed to attain the same objective that is
to give preference to locally produced materials.

Cabada v. Alunan III 

 

• Issue: whether or not an appeal lies from the decision of • LGC of 1991, a later law, empowers all government units to
regional appellate board (RAB) imposing disciplinary action enact ordinances to prevent and suppress gambling and other
against a member of the PNP under Sec. 45 of RA 6975 games of chance.
regarding finality of disciplinary action • Stac
Stacon
on:: Th
Thes
esee tw
two
o shou
should
ld be harm
harmon
oniz
ized
ed ra
rath
ther
er than
than
• The court held that the “gap” in the law which is silent on annulling one and upholding the other. Court said that the
filing appeals from decisions of the RAB rendered within the soluti
solution
on to this
this pro
proble
blem
m is for the gove
governm
rnment
ent units to
reglementary period should be construed and harmonized suppress and prevent all kinds of gambling except those that
with other statutes, i.e. Sec 2(1), Article IX-B of the 1987 are allowed under the previous law
Constitution because the PNP is part, as a bureau, of the
re
reor
orga
gani
nize
zed
d DI
DILGLG,, as to formform a ununif
ifie
ied
d syst
system
em of  Leveriza v. Intermediate
Intermediate Appellate CCourt 
ourt 
 jurisprudence • RA 776776 emempo
powe
wers
rs the
the gene
genera
rall ma
mana
nage
gerr of the
the Ci
Civi
vill
• Statcon: if RAB fails to decide an appealed case within 60 Aeronautic
Aerona uticss Admin
Administr
istration
ation to lease real proper
property
ty under its
dayss fro
day from
m rec
receip
eiptt of the notic
noticee of app
appea
eal,
l, the appea
appealed
led administration.
decision is deemed final and executory, and the aggrieved • Administrative Code authorizes the President to execute a
 party may forthwith appeal therefrom to the Secretary of lea
lease
se contra
contract
ct relati
relating
ng to re
real
al prop
propert
erty
y belongi
belonging
ng to the
DILG. Likewise, if tthehe RAB has de decided
cided the appea
appeall within republic
60-
60-day
day reglem
reglement
entary
ary period
period,, its dec
decisi
ision
on may still
still be • How do you apply the rule? - In this case, the prior (special)
appealed to the Secretary of DILG law should prevail

 Manila Jockey Club

Club Inc. v. CA Reason for the rule
• Iss
Issue:
ue: who was entitl
entitled
ed to bre
breaka
akages
ges (10
(10%
% divide
dividend
nd of • the special law is considered an exception to the general law
winning horse race tickets) (as long as same subject)
• Statcon: There are two statutes that should be considered.
RA 309 (amended by 6631 &6632) is silent on the matter but Qualification of the rule
the practice is to use breakages for anti bookie drive and • The rule aforementioned is not absolute.
other
other sale
sale pro
promot
motion
ions.
s. E.
E.O.
O. 88 & 89 whi which
ch alloca
allocated
ted • Exceptions:
 breakages therein specified. These two should be construed o If the legisl
legislat
ature
ure cle
clearl
arly
y intend
intended
ed the gengenera
erall
in pari materia, thus all breakages derived from all races enactment to cover the whole subject and to repeal
sho
should
uld be distri
distribut
buted
ed and alloca
allocated
ted in accor
accordan
dance
ce with
with all prior laws inconsistent therewith
Executive
Execut ive Orders becau
because
se no law should be viewed
viewed in o When the principle is that the specia
speciall law merel
merely
y
isolation. (supplementary) establishes a general rule while the general law
creates a specific and special rule
General and special statutes
• General statutes- applies to all of the people of the state or to Reference statutes
a particular class of persons in the state with equal force. • a statut
statutee whi
which
ch ref
refers
ers to other
other statut
statutes
es and makes them
o Universal in application applicable to the subject of legislation
• Special statutes- relates to particular persons or things of a • used to avoid encumbering the statute books of unnecessary
class or to particular portion or section of the state only repetition
• Considered as statutes in pari materia thus they should be • should
shou ld be con
constr
strued
ued to harmon
harmonize
ize and give
give eff
effec
ectt to the
read together and harmonized (and given effect) adopted statute.
• What if there are two acts which contain one general and one
special? Supplemental statutes
o If it produces conflict,
conflict, the special shall prevail • Intended to supply deficiencies in existing statutes
since the legislative intent is more clear thus it • Supplemental statutes should be read with the original statute
must
must be ta take
kenn as inte
intend
nded
ed to co cons
nsti
titu
tute
te an and construed together 
exception.
o Think of it as one general law of the land while the Reenacted statutes
other applies only to a particular case • statute which reenacts a previous statute or provision.
• What if the special law is passed before the general law? It • Reproducing an earlier statute with the same or substantially
does
doesn’t
n’t ma
matttter
er beca
becaus
usee the
the sp
spec
ecia
iall law
law will
will stil
stilll be the same words.
considered as an exception unless
un less expressly repealed.
 Montelibano v. Ferrer 
Ferrer 
Solid Homes Inc. v. Payawal 
• Issue: application of Sec. 3 fo the City Charter of Manila is
• First statute provides that National Housing Authority shall valid in the crimina
criminall compl
complaint
aint direct
directly
ly file by an offended
have
have exexcl
clus
usiv
ivee juri
jurisd
sdic
icti
tion
on to hear
hear an
and
d deci
decide
de cacase
sess  party in the city court of Bacolod?
involving unsound real estate (P.D. No. 959).
• Held:
Hel d: The coucourt
rt rul
ruled
ed that
that the crimin
criminal
al com
compla
plaint
int fil
filed
ed
• Second statute grants RTC general jurisdiction over such directly by the offended party is invalid and it ordered the
cases. city court to dismiss it.
• Issue: Which one will prevail? • The provisions of the City Charter of Manila Bacolod on the
• Held: The first statute will prevail because it is a special law, samee subjec
sam subjectt are identi
identical
cally
ly wor
worded
ded,, hen
hence
ce they
they should
should
as compared
compared to the latter
latter which is gener
general
al law, thus it is an receive the same construction.
exception to the “general jurisdiction” of the RTC
• RULE: two statut
RULE: statutes
es with
with a parall
parallel
el scope,
scope, purp
purpose
ose and
 Magtajas v. Pryce
Pryce Properties Corp te
term
rmin
inol
olog
ogyy shou
should
ld ea
each
ch in it
itss own fi
fiel
eld,
d, have
have a li
like
ke
• Facts: P.D. No. 1869 authorized PAGCOR to centralize and interpretation
regulate all games of chance.
Adoption of contemporaneous construction
 

• in construing the reenacted statute, the court should take into Legitimate exercise of judicial Forb
Forbid
idde
den
n by the the tr
trip
ipar
arti
tite
te
account
acco unt prior contempor
contemporaneou
aneouss const
constructi
ruction
on and give due  power  division of powers among the 3
weight and respect to it. departments of government
• A statute
statute may not be libera
liberally
lly constr
construed
ued to read into it
Qualification of the rule something which its clear and plain language rejects
• rule that is aforementioned is applicable only when the
statute is capable of the construction given to it and when Construction to promote social justice
that construction has become a settled rule of conduct • Social justice must be taken into account in the interpretation
and application of laws
Adopted statutes • Social justice mandate is addressed or meant for the three
• a statute patterned after a statute of a foreign country. departments: the legislative, executive, and the judicial
• Court should take into consideration how the courts of other • Social justice (included in the Constitution) was meant to be
country construe the law and its practices a vital, articulate, compelling principle of public policy
• It should be observed in the interpretation not only of future
legislations, but also of laws already existing on November
CHAPTER SEVEN: Strict or Liberal Construction 15, 1935.
• It was intended to change the spirit of our laws, present and
IN GENERAL future.

Generally Constructi
Const ruction
on taki
taking
ng into considera
consideration
tion gener
general
al welfa
welfare
re or growth
• Whethe
Whet herr a stat
statut
utee is to be give
given
n a stri
strict
ct or libe
libera
rall civilization
construction will depend upon the following: • Construe to attain the general welfare
 The nature of the statute
• Salus populi est suprema lex – the voice of the people is the
 The purpose to be subserved
supreme law
 The mischief to be remedied
• Purpose: to give the statute the interpretation that will best • Statuta pro publi
Statuta publico
co commod
commodo o late interpre
interpretantu
tanturr –   statutes
accomplish the end desired and effectuate legislati
legislative
ve intent enacted for the public good are to be construed liberally
• The reason of the law is the life of the law; the reason lies in
Strict construction, generally the soil of the common welfare
• Construction according to the letter of the statute, which • The judge must go out in the open spaces of actuality and dig
recognizes nothing that is not expressed, takes the language down
dow n deep
deep into
into his
his comm
common on soil
soil,, if not,
not, he beco
become mess
used
used in it itss ex
exac
actt me
mean
anin
ing,
g, an
andd ad
admi
mits
ts no eqequi
uita
tabl
blee subservient to formalism
consideration • Constr
Con strue
ue in the light of the growtgrowth h of civili
civilizat
zation
ion and
•  Not to mean that statutes are construed in its narrowest varying conditions
meaning o The interpretation that “if the man is too long for
• It simply means that the scope of the statute shall not be the bed, his head should be chopped off rather than
ex
exte
tende
ndedd or en enla
larg
rged
ed by im impl
plic
icat
atio
ion,
n, inte
intend
ndme
mentnt,, or enlarge the old bed or purchase a new one” should
equitable
equit able considera
consideration
tion beyond the literal meaning of its  NOT be given to statutes
statutes
terms
• It is a close
close and conse
conserva
rvativ
tivee adh
adhere
erence
nce to the lite
literal
ral or STATUTES STRICTLY CONSTRUED
textual interpretation
• The antithesis of liberal construction Penal statutes, generally
• Penal statutes
statutes are those that define crimes, treat of thei
theirr
Liberal construction, defined nature and provide for their punishment
• Equitable construction as will enlarge the letter of a statute to o Acts of legislature which prohibit certain acts and

accomp
accomplis
lish
h its intend
intended
ed pur
purpos
pose,
e, carry
carry out its intent
intent,, or establish penalties for their violation
 promote justice • Those which impos
imposee punis
punishment
hment for an offens
offensee commi
committed
tted
•  Not to mean enlargement of a provision which is clear, agains
againstt the state
state,, and whi
which
ch the chief execut
executive
ive has the
unambiguous and free from doubt  power to pardon
• It simply means that the words should receive a fair and • A statute which decrees the forfeiture in favor of the state of
reasonable interpretation, so as to attain the intent, spirit and unexplained wealth acquired by a public official while in
 purpose of the law office is criminal in nature

Liberal construction applied, generally

• Where a statute is ambiguous, the literal meaning of the Penal statutes, strictly construed
words used may be rejected if the result of adopting said • Penal statutes are strictly construed against the State and
meaning would be to defeat the purpose of the law liberally construed in favor of the accused
o Penal statutes cannot be enlarged or extended by
• Ut res magis valeat quam pereat – that construction is to be
inte
intend
ndme
ment
nt,, im
impl
plic
icat
atio
ion,
n, or an anyy equi
equita
tabl
blee
sought which
which gives effe
effect
ct to the whole of the sta
statute
tute – its
consideration
every word
o  No person should
shou ld be brough
broughtt within its terms if he
is not clearly made so by the statute
o
Liberconst
Equitable
Equitable al C
Cooruction
nstruon
constructi ctioas
n will Act of Judthe
iciacourt
l In
Interp
inreengrafting
tation  No act should be pronounces
prono unces criminal which is not
clearly made so
enlarge the letter of a statute to upon a law something which it
ac
acccompl
ompliish its inte
ntende
nded  believes ought to have been
 Peo v. Atop
 purpose, carry out its intent, or embraced therein
 promote justice
 

• Sec. 11 of RA 7659, which amended Art. 335 of the RPC,

Suy v. People
 provides that the death penalty for rape may be imposed if
the “offender is a parent, ascendant, step-parent, guardian, • Wher
Wh eree a st
stat
atut
utee pe
pena
nali
lize
zess a ststor
oree owne
ownerr wh
whoo sell
sellss
relati
relative
ve by conconsan
sangui
guinit
nity
y or affini
affinity
ty within the 3rd  civil
within commodities beyond the retail ceiling price fixed by law, the
degree
deg ree,, or the comm
common-l
on-law
aw spo
spouse
use of the paren
parentt of the ambiguity in the EO classifying the same commodity into 2
victim” classes
classes and fixing different ceilin
ceiling
g price
pricess for each class,
should be resolved in favor of the accused
• Is the comcommon
mon-la
-law
w hus
husban
bandd of the girl’s
girl’s gra
grandm
ndmoth
other
er
included?
 Peo v. Terreda
•  No! Courts must not bring cases within the provisions of the
• Shorter prescriptive period is more favorable to the accused
law which are not clearly embraced by it.
o  No act can be pronounced criminal which is not
 Peo v. Manantan
clearly within the terms of a statute can be brought
within them. • The rule that penal statutes are given a strict construction is
not the only factor controlling the interpretation of such laws
o Any reasonable doubt must be resolved in favor of
• Instead, the rule merely serves as an additional single factor
the accused
to be considered as an aid in detrmining the meaning of
 penal laws
• Strict
Strict const
construc
ructio
tion
n but not as to nullif
nullify
y or des
destro
troy
y the
obvious purpose of the legislature
 Peo v. Purisima
o If penal statute is vague, it must be construed with
• The language
language of the a statut
statutee whi
which
ch pen
penali
alizes
zes the mer
meree
such strictness as to carefully SAFEGUARD the
carrying outside of residence of bladed weapons, i.e., a knife
RIGHTS of the defendant and at the same time
or bolo, not in connection with one’s work or occupation,
 preserve the obvious intention
intention of the legislature
with
with a very
very heavy
heavy pen
penalt
alty
y rangin
ranging
g frofrom
m 5-10 years of
o Courts must endeavor to effect substantial justice
imprisonment, has been narrowed and strictly construed as to
include, as an additional element of the crime, the carrying of
Centeno v. Villalon-Pornillos
the wea
weapon
pon in fur
furthe
theran
rance
ce of rebell
rebellion
ion,, insurre
insurrecti
ction
on or
• PD 1564, which punishes a person who solicits or receives subversion, such being the evil sought to be remedied or
contributi
contr ibution
on for “char
“charitab
itable
le or publi
publicc welfa
welfare
re purpos
purposes”
es”  prevented by the statute
statute as disclosed in iits
ts preamble
without any permit first secured from the Department of

Social
actServices,
the acts
s pun
punish DID
ishabl e, NOT
able, include
the law “religious
CANNO
CANNOT T be purposes””
con
constr ued in
strued to  Azarcon v. Sandiganbayan
• Issue: whether a private person can be considered a public
 punish the solicitation of contributions for religious
officer by reason if his being designated by the BIR as a
 purposes, such as repair or renovation
renovation of the church
depo
deposi
sito
tory
ry of dist
distra
rain
ined
ed pr
prop
oper
erty
ty,, so as to ma make
ke the
the
conversion thereof the crime of malversation
Reason why penal statutes are strictly construedg
• Held: NO! the BIR’s power authorizing a private individual
• The law is tender in favor of the rights of the individual;
to act as a depository cannot include the power to appoint
• The object is to establish a certain rule by conformity to him as public officer 
which mankind would be safe, and the discretion of the court
• A private individual who has in his charge any of the public
limited
funds or property enumerated in Art 222 RPC and commits
• Purposee of stric
Purpos strictt constructi
construction
on is NOT to enabl
enablee a guilt
guilty
y any of the acts defined in any of the provisions of Chapter 4,
 person to escape punishment through technicality but to Title 7 of the RPC, should likewise be penalized with the
 provide a precise definition
definition of forbidden acts same penalty
penalty meted to erring publi
publicc officers
officers.. Nowhe
Nowhere
re in
this
this pro
provis
vision
ion is it exp
expres
ressed
sed or imp
implie
lied
d that
that a pri
privat
vatee
Acts mala in se  and mala prohibita  individual falling under said Art 222 is to be deemed a public
• General rule: to constitute a crime, evil intent must combine officer 
with an act
•  Actus non facit reum nisi mens sit rea – the act itself does not Limitation of rule
make a man guilty unless his intention were so • Limita
Lim itatio
tion
n #1 – Whe Wherere a pen
penal
al statu
statute
te is capab
capable
le of 2
interpretations, one which will operate to exempt an accused
•  Actus me invite factus non est meus actus –  an
  an act done by
from liability for violation thereof and another which will
me against my will is not my act
give effect to the manifest intent of the statute and promote
its object, the latter interpretation should be adopted
Mala in se Mala prohibita
Criminal intent, apart from the The only inquiry is, has the law
US v. Go Chico
act itself is required  been violated
• A law punis
punishes
hes the displa
display
y of flags
flags “used
“used duri
during”
ng” the
RPC Special penal laws
insurrection against the US may not be so construed as to
exempt
exempt frofrom
m crimin
criminal
al lia
liabil
bility
ity a person
person who displa
displays
ys a
• However, if special penal laws use such words as “willfully, replica of said flag because said replica is not the one “used”
voluntarily
voluntarily,, and knowingly” inten
intentt must be proved
proved;; thus during the rebellion, for to so construe it is to nullify the
good faith or bad faith is essential before conviction statute together 
• Go Chico is liable though flags displayed were just replica of
Application of rule
the flags “used during” insurrection against US

 Peo v. Yadao • Limitation #2 – strict construction of penal laws applies only

• A statute which penalizes a “person assisting a claimant” in
where the law is ambiguous and there is doubt as to its
connection with the latter’s claim for veterans benefit, does
meaning
not penalize “one who OFFERS to assist”
 

 Peo v. Gatchalian • Reason: there is in such a grant a gratuitous donation of

• A statute requires that an employer shall pay a minimum  public money or property which results in an unfair
wage of not less than a specified amount and punishes any advantage to the grantee and for that reason, the grant should
 person who willfully violates
violates any of its provisions  be narrowly restricted in
in favor of the public
• The fact that the nonpayment of the minimum wage is not
spe
specif
cifica
icall
lly
y decla
declared
red unlawf
unlawful,
ul, doe
doess not mea
mean n that
that an Statutory grounds for removal of officials
employer who pays his employees less than the prescribed • Statutes relating to suspension or removal of public officials
minimum wage is not criminally liable, for the nonpayment are strictly construed
of minimum wage is the very act sought to be enjoined by • Reason: the remedy of removal is a drastic one and penal in
the law nature. Injustice and harm to the public interest would likely
emergee should such laws be not strictly interpr
emerg interpreted
eted against
Statutes in derogation of rights the power of suspension or removal
• Rights
Rig hts are not absolu
absolute
te,, and the state,
state, in the exerc
exercise
ise of
 police power, may enact legislations curtailing or restricting Ochate v. Deling 
their enjoyment • Gr
Groun
ounds
ds for re remo
mova
vall – “n“neg
egle
lect
ct of dutduty,
y, oppre
oppress
ssio
ion,
n,
• As these statutes are in derogation of common or general corruption or other forms of maladministration
maladministration in office”
rights
rights,, they
they are gengenera
erally
lly strict
strictly
ly con
constr
strued
ued and rigidl
rigidly
y o “in office” – a qualifier of all acts.
confined to cases clearly within their scope and purpose o Must be in relation to the official as an officer and
• Examples: not as a private person
o Statutes
Statutes autho
authorizi
rizing
ng the expropr
expropriati
iation
on of priva
private
te
land or property  Hebron v Reyes
o Allowing the taking of deposition • Procedu
Proc edure
re for rem
remova
ovall or suspen
suspensio
sion
n should
should be strict
strictly
ly
o Fixing the ceiling of the price of commodities construed
o Limiti
Lim iting
ng the exeexerci
rcise
se of prop
proprie
rietar
tary
y rights
rights by • Stat
Statut
ute:
e: loca
locall el
elec
ecti
tive
ve of
offi
fici
cial
alss ar
aree to be reremo
moveved
d or
individual citizens suspen
suspended
ded,, after
after invest
investiga
igatio
tion,
n, by the provprovinc
incial
ial boa
board,
rd,
o Suspending the period of prescription of actions subject to appeal to the President
• When 2 reasonably possible constructions, one which would • Pr
Pres
esid
iden
entt has
has no auauth
thor
orit
ity
y on his his own
own to cocondu
nduct
ct the
the
diminish or restrict fundamental right of the people and the investigation and to suspend such elective official
other if which would not do so, the latter construction must
 be adopted so as to allow full enjoyment of such  Naturalization laws
laws
fundamental right •  Naturalization laws are strictly construed against the
applicant and rigidly followed and enforced
Statutes authorizing expropriations •  Naturalization is
is statutory than a nat
natural
ural right
• Power of eminent domain
d omain is essentially legislative in nature Statutes imposing taxes and customs duties
• May be delegated to the President, LGUs, or public utility • Ta
Taxx ststat
atut
utes
es must
must be co cons
nstr
true
ued
d ststri
rict
ctly
ly ag
agai
ains
nstt the
the
company government and liberally in favor of the taxpayer 
• Expropriation plus just compensation • Power to tax involves power to destroy
• A deroga
derogation
tion of priva
private
te rights, thus stri
strict
ct construct
construction
ion is • Taxing act are not to be extended by implication
applied • Tax statutes should be clearly, expressly, and unambiguously
• Statutes
Statutes expropriat
expropriating
ing or autho
authorizi
rizing
ng the exprop
expropriat
riation
ion of imposed
 property are strictly construed against the expropriating • Reason for strict construction: taxation is a destructive power
authority and liberally in favor of property owners
own ers which interferes
interferes with the person
personal
al property rights of the
 people and takes from them a portion of their property for
the support of the government
Statutes granting privileges
• Statutes granting advantages to private persons or entities Statutes granting tax exemptions
have
have in ma many
ny inst
instan
ance
cess crea
create
ted
d sp
spec
ecia
iall pri
privi
vile
lege
gess or • Law frowns against exemption from taxation because taxes
monopolies for the grantees and have thus been viewed with are the lifeblood of the nation
suspicion and strictly construed • Laws granting tax exemptions are thus construed  strictissimi
•  Privilegia recipient largam interpretationem voluntati  juris against the taxpayer and liberally in favor of the taxing
 juris against
consonam
conson am conceden
concedentis
tis –  privileges are to be interpreted in authority
accordance with the will of him who grants them • Burden of proof – on the taxpayer claiming to be exempted
• And he who fails to strictly comply with the will of the • Basis
Bas is for strict
strict constr
construct
uction
ion – to min
minimi
imize
ze the differ
different
ent
grantor loses such privileges treatment and foster impartiality, fairness, and equality of
treatment among taxpayers
 Butuan Sawmill, Inc. v.
v. Bayview Theate
Theater,
r, Inc • Ta
Taxx exem
exempt
ptio
ions
ns ar
aree not fa
favo
vore
red
d in lalaw,
w, nor
nor ar
aree they
they
• Where an entity is granted a legislative franchise to operate  presumed.
electric light and power, on condition that it should start
operat
ope ration
ion within
within a spe
specif
cified
ied per
period
iod,, its failur
failuree to sta
start
rt CIR v. CA
operation
opera tion within the period result
resulted
ed in the forfeitu
forfeiture
re of the • Issue: whether containers and packaging materials can be
franchise credited against the miller’s deficiency tax
• BIR claimed that there should be no tax credit
Legislative grants to local government units • Held: proviso should be strictly construed to apply only to
• Grants of power to local government are to be construed raw materials and not to containers and packing materials
strictly, and doubts in the interpretation should be resolved in which are not raw materials; hence, the miller is entitled to
favor of the national government and against the political tax credit
subdivisions concerned
 

• Restriction in the proviso is limited only to sales, miller’s • The express exemption should not be construed with the
exc
excise
ise taxes paid
paid ‘on raw matmateri
erial
alss use
used
d in the millin
milling
g same degree of strictness that applies to exemptions contrary
 process’ to policy of the state, since as to such property exemption is
the rule and the taxation is the exemption
 Benguet Corporation v. Cenrtral Board of Asse
Assessment
ssment Appeals • E.g. tax exemption in favor of NAPOCOR – whether direct
• PD 1955
1955 with
withdre
dreww alalll tax
tax ex
exem
empt
ptio
ions
ns,, ex
exce
cept
pt thos
thosee or indirect taxes, exempted
embodied in the Real Property Code, a law which grants
certain industries real estate tax exemptions under the Real Statutes concerning the sovereign
Estate Code • Restricti
Restrictive
ve stat
statutes
utes which impos
imposee burden
burdenss on the public
treasury or which diminish rights and interests are strictly
• Courts cannot expand exemptiom construed.
• Unless so specified, the government does not fall within the
terms of any legislation
 Esso Standard Eastern, Inc. v Acting Commissioner of Customs
• Where a statute exempts from special import tax, equipment  Alliance of Government
Government Workers v. Mi
Minister
nister of Labor and Employm
Employment 
ent 
“for use of industries,” the exemption does not extend to • PD 851 – requires “employers” to pay a 13 th month pay to
those used in dispensing gasoline at retail in gasoline stations their employees xxx
• “employers” does not embrace the RP, the law not having
CIR v. Manila Jockey Club, Inc. expressly included it within its scope
•  Statute: “racing club holding these races shall be exempt
from the payment of any municipal or national
n ational tax” Statutes authorizing suits against the government
• Cannot be construed to exempt the racing club from paying • Art. XVI, Sec. 3, 1987 Constitution – “The State may not be
income tax on rentals paid to it for use of the race tracks and sued without its consent”
other paraphernalia, for what the law exempts refers only to o General rule: sovereign is exempt from suit
those to be paid in connection with said races
o Exception: in the form of statute, state may give its
 Lladoc v. CIR consent to be sued
• Statute:
Statute: exem
exemption
ption from taxa
taxation
tion chari
charitabl
tablee insti
instituti
tutions,
ons,  Statut
Statutee is to be strict
strictly
ly con
constr
strued
ued and
church
chu rches,
es, pa
parson
rsonage
agess or cov
covena
enants
nts app
appurt
urtena
enant
nt theret
thereto,
o, waiver from immunity from suit will not
mosques, and non-profit cemeteries, and all lands buildings,  be lightly inferred
and improvements actually, directly, and exclusively used •  Nullum tempus occurrit regi – there can be no legal right as
for religious or charitable purposes against the authority that makes the law on which the right
• Exemption only refer to property taxes and not from all depends
kinds of taxes • Re
Reas
ason
on fo
forr non
non-s
-sua
uabi
bili
lity
ty – not
not to subj
subjec
ectt the
the st
stat
atee to
inconvenience and loss of governmental efficiency
 La Carlota Sugar Central v. Jimenez 
• Statut
Statute:
e: tax pro
provid
vided
ed sha
shall
ll not be col
colle
lecte
cted
d on forforeig
eign
n  Mobil Phil. Exploration,
Exploration, Inc. v. Customs A Arrastre
rrastre Services
exchange used for the payment of “fertilizers when imported • The law authorizing the Bureau of Customs to lease arrastre
 by planters or farmers directly
directly or through their cooperat
cooperatives”
ives” operations, a proprietary function necessarily incident to its
• The importation of fertilizers by an entity which is neither a governmental function, may NOT be construed to mean that
 planter nor a farmer nor a cooperative of planters or farmers the state has consented to be sued, when it undertakes to
is not exempt from payment of the tax, even though said conduct arrastre services itself, for damage to cargo
entity merely acted as agent of planter or farmer as a sort of
ac
acco
comm
mmododat
atio
ion
n with
without
out mamakiking
ng an
any
y prof
profit
it from
from the
the • State-immunity may not be circumvented by directing the
transa
transacti
ction,
on, for the law useusess the wor
word
d “di
“direc
rectly
tly”” whi
which
ch action against the officer of the state instead of the state itself 
o
means without
 phrase “throughanyone intervening
ives”inasthe
their cooperatives”
cooperat theimportation and the
only eexemption
xemption The state’
state’ss imm
immuni
unity
ty may be validl
validly
y invoke
invoked d
agains
againstt the acti
action
on AS LONG AS IT CAN BE
SHOWN that the suit really affects the property,
CIR v. Phil. Acetylene Co. rights, or interests of the state and not merely those
• See page 305 of the officer nominally made party defendant
• Even if the state consents, law should NOT be interpreted to
• Power of taxation if a high prerogative of sovereignty, its authorize garnishment of public funds to satisfy a judgment
relinq
relinquis
uishme
hment
nt is nev
never
er pre
presum
sumed
ed and any reduct
reduction
ion or against government property
diminution thereof with respect to its mode or its rate must o Reason:
 be strictly construed  Public policy forbids it
 Disburseme
Disbu rsement
nt of publi
publicc funds must be
 Phil. Telegraph and Telephone
Telephone Corp. v. COA covered by a corresponding
• On “most favored treatment clause” appropriation as required by law
• 2 franchisee are not competitors  Functions and service cannot be allowed
• The first franchisee is will not enjoy a reduced rate of tax on to be paraparaly
lyze
zedd or disr
disrup
upte
ted
d by thethe
gross receipts divers
diversion
ion of pub
public
lic fun
funds
ds fro
from
m their
their
le
legi
giti
tima
mate
te anand
d spec
specif
ific
ic obje
object
cts,
s, as
Qualification of rule appropriated by law
• St
Stri
rict
ct co
cons
nstr
truc
ucti
tion
on does
does nonott ap
appl
ply
y in the
the cacase
se of ta
tax
x
exemptions in favor of the government itself or its agencies Statutes prescribing formalities of the will
• Provisions granting exemptions to government agencies may
 be construed liberally in favor of non-tax liability of such
agencies
 

• Strictly construed, which means, wills must be executed in good order xxx of the LGU and the inhabitants
accordance with the statutory requirements, otherwise, it is thereo
thereof,
f, and for the pro
protec
tectio
tion
n of the proper
property
ty
entirely void therein
• The court is seeking to ascertain and apply the intent of the • Construed in favor of the LGUs
legisl
legislat
ators
ors and not that
that of the testat
testator,
or, and the latter
latter’s
’s • To give more powers to local governments in promoting the
intention
intention is frequen
frequently
tly defea
defeated
ted by the non-observ
non-observance
ance of economic condition, social welfare, and material progress of
what the statute requires the people in the community
• Construed with proprietary aspects, otherwise would cripple
Exceptions and provisos LGUs
• Should be strictly but reasonably construed • Must be elastic and responsive to various social conditions
• All
All dou
doubt
btss sh
shou
ould
ld be rereso
solv
lved
ed in favo
favorr of the
the gene
genera
rall • Must follow legal progress of a democratic way of life
 provision rather than the exceptions
exceptions
o
However, always look at the intent of legislators if Grant of power to local governments
it will accord reason and justice not to apply the • Old rule: municipal corporations, being mere creatures of
rule that “an express exception excludes all others” law, have only such powers as are expressly granted to them
• The rul
rulee on execut
execution
ion pen
pendin
dingg app
appeal
eal mus
mustt be strict
strictly
ly and those which are necessarily implied or incidental to the
construed being an exception to the general rule exercise thereof 
• Situations
Situations which allow
allowss excep
exceptions
tions to the requireme
requirement nt of •  New rule: RA 2264 “Local
“Local Autonomy Act”
warr
warran
antt of ararre
rest
st or sear
search
ch wa warr
rran
antt mu
must
st be stri
strict
ctly
ly o Sec 12 – “implied power of a province, a city, or a
construed; to do so would infringe upon personal liberty and munic
mun icipa
ipali
lity
ty shall
shall be libera
liberally
lly con
constr
strued
ued in its
set back a basic right favor. Any fair aand nd reas
reasonable
onable ddoubt
oubt as to tthe
he
• A preference is an exception to the general rule existence of the power should be interpreted in
• A proviso should be interpreted strictly with the legislative fav
favor
or of the loca
locall gov
govern
ernmen
mentt and it shall
shall be
intent  presumed to exist”
o Should be strictly construed
o Only
Onl y those
those exp
expres
ressly
sly exe
exempt
mpted
ed by the provproviso
iso Statutes granting taxing power (on municipal corporations)
should be freed from the operation
op eration of the statute • Beforee 1973 Const
Befor Constituti
itution
on – infer
inference
ences,s, impl
implicat
ications,
ions, and
deductions have no place in the interpretation of the taxing
 power of a municipal corporation
corporation
STATUTES LIBERALLY CONSTRUED •  New Constitution – Art. X, Sec 5 1987 Constitution – “each
General social legislation local government unit shall have the power to create its own
• General welfare legislations source
sourcess of revenu
revenuee and to levy
levy taxes,
taxes, fees
fees,, and charge
chargess
o To implement the social justice and protection-to- subject to such guidelines and limitations as the Congress
labor provisions of the Constitution may prov
provide
ide,, con
consis
siste
tent
nt with
with the basic
basic pol
policy
icy of local
local
o Construed liberally autonomy”
o Resolve any doubt in favor of the persons whom o Statut
Statutes
es pre
prescr
scribi
ibing
ng lim
limita
itati
tions
ons on the taxing
taxing
the law intended to benefit  power of LGUs must be strictly construed against
o Includes the following – labor laws, tenancy laws, the national government and liberally in favor of
land reform laws, and social security laws the LGUs, and any doubt as to the existence of the
taxing power will be resolved in favor of the local
Tamayo v. Manila Hotel  government
• Law grants employees the benefits of holiday pay except
Statutes prescribing prescriptive period to collect taxes
those therein enumerated
• Beneficial for both government and taxpayer 
• Statcon
Statcon – all employe
employees,
es, whether monthl
monthly y paid or not, who
o To the government – tax officers are obliged to act
are not among those excepted are entitled to the holiday pay
 promptly in the making of the
the assessments
o To the taxpayer – would have a feeling of security
• Labor laws construed – the workingman’s welfare should be
the primordial and paramount consideration against unscrupulous tax agents who will always
o Article 4 New Labor Code – “all doubts in the find an excuse to inspect the books of taxpayers
implementation and interpretation of the provisions • Lawss on pre
Law prescr
script
iption
ion – rem
remedi
edial
al mea
measur
suree – interp
interpret
reted
ed
of the Labor Code including its implementing rules liberally affording protection to the taxpayers
and regulations shall be resolved in favor of labor”
• Libera
Liberall con
constr
struct
uction
ion app
applie
liess onl
only
y if statut
statutee is vag
vague,
ue,
otherwise, apply the law as it is stated
Statutes imposing penalties for nonpayment of tax
General welfare clause • libera
liberally
lly con
constr
strued
ued in favor
favor of gove
governm
rnment
ent and str
strict
ictly
ly
construed against the taxpayer 
• 2 branches
o One branch attaches to the main trunk of municipal • intention to hasten tax payments or to punish evasions or
neglect of duty in respect thereto
auth
author
orit
ity
y – re rela
late
tess to such
such ordi
ordina
nanc
nces
es and
and
regulations as may be necessary to carry into effect • liberal construction would render penalties for delinquents
and discha
discharge
rge the powpowers
ers and dut
duties
ies confer
conferred
red nugatory

o
upon
Oth erlocal
Other bra legislative
branch
nch is muc
muchbodies
moreebyindepe
h mor law
independe
ndent
nt of the Election laws
specific functions enumerated by law – authorizes • Election laws should be reasonably and liberally construed to
suc
such
h ord
ordina
inance
ncess as sha
shall
ll seem
seem nec
necess
essary
ary and achieve their purpose
 proper to provide for the health and safety, • Purpo
Purpose
se – to ef effe
fect
ctua
uate
te an
andd safe
safegu
guar
ard
d the
the will
will of th
thee
 promote the prosperity, improve the morals, peace, electorate in the choice of their representatives
 

• 3 parts •  Notice need not be actual for prescription to run;

o Pro
Provis
vision
ionss for the conconduc
ductt of ele
electi
ctions
ons whi
which
ch constructive notice is enough
election officials are required to follow • Moree favora
Mor favorable
ble to the accuse
accused
d if pre
prescr
script
iptive
ive period
period is
o Provisions which candidates for office are required counted from the time of registration
to perform
o Procedural rules which are designed to ascertain, Adoption statutes
in ca
case
se of disp
disput
ute,
e, the
the ac
actu
tual
al winn
winnerer in the
the • Adoption statutes are liberally construed in favor of the child
elections to be adopted
• Paramount consideration – child and not the adopters
 Different rules and canons or statutory construction govern such
 provisions of the election
election law Veteran and pension laws
• Veteran and pension laws are enacted to compensate a class
•  Part 1: of men who suffered in the service for the hardships they
o Rules and regulations for the conduct of elections endured and the dangers they encountered in line of duty
 Before election – mandatory (part 1) o Expression of gratitude to and recognition of those
 After election – directory (part 3) who rendered service
service to the country by exte
extending
nding
o Generally – the provisions of a statute as to the to them regular monetary benefit
manner of conducting the details of an election are • Veteran and pension laws are liberally construed in favor of
 NOT mandatory; and irregularities in conducting grantee
an elec
election
tion and count
counting
ing the votes
votes,, not precedin
precedingg
from any wrongful intent and which deprives no
legal voter of his votes, will not vitiate an election  Del Mar v. Phil.
Phil. Veterans Admin
or justif
justify
y the reje
rejecti
ction
on of the enti
entire
re votes of a • Where a stat
statute
ute grants pension benefits to war veterans
veterans,,
 precinct except those who are actually receiving a similar pension
 Against disenfranchisement from other government funds
 Remedy against election official who did • Statcon – “government funds” refer to funds of the same
not do his duty – criminal action against government and does not preclude war veterans receiving
them similar pensions from the US Government from enjoying the
 benefits therein provided
• Part 2:
o Provisions which candidates for office are required
to perform are mandatory
o  Non-compliance is fatal
fatal  Board of Administrators Veterans
Veterans Admin v. Bautist
Bautistaa
• Veteran pension law is silent as to the effectivity of pension
• Part 3:
awards, it shall be construed to take effect from the date it
o Procedural rules which are designed to ascertain,
 becomes due and NOT from the date the application for
in ca
case
se of disp
disput
ute,
e, the
the ac
actu
tual
al winn
winner
er in the
the
 pension is approved, so as to grant the pensioner more
elections are liberally construed
 benefits and to discourage inaction
inaction on the part of the officials
officials
o Technical and procedural barriers should not be
who administer the laws
allowed to stand if they constitute an obstacle in
the choice of their elective officials
Chavez v. Mathay
• For whe
where
re a candid
candidate
ate has receiv
received
ed popu
popular
lar man
mandat
date,
e,
• While veteran or pension laws are to be construed liberally,
overwhelmingly and clearly expressed, all possible doubts
they should be so construed as to prevent a person from
should be resolved in favor of the candidates eligibility, for
receiving double pension or compensation, unless the law
to rule otherwise is to defeat the will of the electorate
 provides otherwise
Amnesty proclamations
• Amnesty
Amnes ty procl
proclamat
amations
ions should be libe
liberally
rally construe
construed
d as to Santiago
•
v. COA
Explained liberal construction or retirement laws
carry out their purpose
• Intention is to provide for sustenance, and hopefully even
• Purpose – to encourage to return to the fold of the law of
comfor
com fortt whe
when
n he no longer
longer has the stam
stamina
ina to con
contin
tinue
ue
those who have veered from the law
earning his livelihood
• E.g. in case of doubt as to whether certain persons come
• He deserves the appreciation of a grateful government
gov ernment at best
within
within the amnamnest
esty
y pro
procla
clamat
mation
ion,, the dou
doubt
bt sho
should
uld be
concre
con cretel
telyy exp
expres
ressed
sed in a gen
genero
erous
us ret
retire
iremen
mentt gra
gratui
tuity
ty
resolved in their favor and against the state
commensurate with the value and length of his service
• Same rule applies to pardon since pardon and amnesty is
synonymous Ortiz v. COMELEC 
• Issue: whether a commissioner of COMELEC is deemed to
Statutes prescribing prescriptions of crimes
havee com
hav comple
pleted
ted his ter
term
m and entit
entitled
led to ful
fulll re
retir
tireme
ement
nt
• Liberally construed in favor of the accused  benefits under the law which grants him 5-year lump-sum
• Reason – time wears off proof and innocence gratuity and thereafter lifetime pension, who “retires from
• Same as amnesty and pardon the service after having completed his term of office,” when
his courtesy resignation submitted in response to the call of
 Peo v. Reyes
Reyes the President following EDSA Revolution is accepted
• Art. 91 RPC – “period ofo f prescription shall commence to run • Held: Yes! Entitled to gratuity
fro
from
m the day the crime is discov discovere
ered
d by the offen
offended
ded,, • Liberal construction
authorities, xxx” • Co
Cour
urte
tesy
sy reresi
signa
gnati
tion
on – not
not his
his own
own will
will but
but a me
merere
• When does the period of prescription start – day of discovery manife
man ifesta
statio
tion
n of subm
submiss
ission
ion to the will
will of the pol
politi
itica
call
or registration in the Register of Deeds? authority and appointing power 
• Held: From the time of registration
 

 In Re Application for Gratuity Benefits of Associate Justice Efren I • Lit

Litera
erall str
strict
icture
ure hav
havee been
been relaxe
relaxed
d in favor
favor of libera
liberall
 Plana construction
• Iss
Issue:
ue: whe
whethe
therr Jus
Justic
ticee Plana
Plana is ent
entitl
itled
ed to gragratui
tuity
ty and o Where a rigid application will result in manifest
retirement pay when, at the time of his courtesy resignation failure or miscarriage of justice
was accepted following EDSA Revolution and establishment o Where the inte
interest
rest of substa
substantial
ntial justi
justice
ce will be
of a re revo
voluluti
tion
onar
aryy gogove
vern
rnme
ment
nt unundederr the
the FrFree
eedo
dom
m served
Consti
Con stitut
tution
ion,, he laclacked
ked a few month
monthss to mee meett the age o Where the resolution of the emotion is addressed
re
requ
quir
irem
emenentt foforr rereti
tire
reme
mentnt un
unde
derr the
the lawlaw bu butt ha
had
d solely to the sound and judicious discretion of the
accumulated a number of leave of credits which, if added to court
his age at the time, would exceed the age requirement o Where
Whe re the injus
injustic
ticee to the adver
adversese party
party is not
• Held: yes, entitled to gratuity! Liberal construction applied commensurate with the degdegree of his
thoug
thought
htle
less
ssne
ness
ss in not co comp
mplylyin
ingg wiwith
th the
the
 In Re Pineda  prescribed procedure
• Explained doctrine laid down in the previous case • Libera
Liberall con
constr
struct
uction
ion of RC doe
doess not mea
meann they
they may be
• The crediting of accumulated leaves to make up for lack of ignored; they are required to be followed except only for the
required age or length of service is not done discriminately most persuasive reasons
• xxx only if satisfied that the career of the retiree was marked
 by competence, integrity,
integrity, and dedicati
dedication
on to the public service Other statutes
 In Re Martin • Curative statutes – to cure defects in prior law or to validate
• Iss
Issue:
ue: whet
whether
her a justic
justicee of the SC, who availavailed
ed of the legal proceedings which would otherwise be void for want of
disability retirement benefits pursuant to the provision that conformity with certain legal requirements; retroactive
“if the reason for the retirement be any permanent disability • Redemption laws – remedial in nature – construed liberally
contracte
contr acted
d during his incumbenc
incumbency y in office and prior to the to carry out purpose, which is to enable the debtor to have
date of retirement he shall receive only a gratuity equivalent his property applied to pay as many debtor’s liability as
to 10 years salary and allowances aforementioned with no  possible
fur
furthe
therr ann
annuit
uity
y pay
payabl
ablee mon
monthl
thly
y dur
during
ing the rest
rest of the • Statutes providing exemptions from execution are interpreted
retiree’s natural life” is entitled to a monthly lifetime pension libera
liberally
lly in ord
order
er to give
give eff
effect
ect to their
their ben
benefi
eficia
ciall and
after the 10-year period humane purpose
• Held: Yes! 10-year lump sum payment is intended to assist • Laws on attachment – liberally construed to promote their
the stricken retiree meeting his hospital and doctor’s bills objects and assist the parties obtaining speedy justice
and expenses for his support • Wareho
War ehouse
use rec
receip
eipts
ts – instru
instrumen
mentt of crecredit
dit – liblibera
erally
lly
• The retirement law aims to assist the retiree in his old age, construed in favor of a bona fide holders of such receipts
not to punish him for having survived • Probation laws – liberally construed
o Purpos
Purpose:e: to give
give fir
first-
st-han
hand d off
offend
enders
ers a second
second
Cena v. CSC  chance to maintain his place in society through the
• Iss
Issue:
ue: wheth
whetherer or not a gove
governm
rnment
ent emp
employ
loyee
ee who has  process of reformation
reached the compulsory retirement age of 65 years, but who • Stat
Statut
utee gr
gran
anti
ting
ng powe
powers
rs to an ag agen
ency
cy cr
crea
eate
ted
d by the the
has rendered less than 15 years of government service, may Cons
Constititu
tuti
tion
on shou
should
ld be li libe
bera
rall
lly
y cons
constr
true
ued
d fo forr the
the
 be allowed to continue in the service to complete the 15-year advancement of the purposes and objectives for which it was
service requirement to enable him to retire with benefits of created
an old-age pension under Sec 11(b) PD 1146
• However, CSC Memorandum Circular No 27 provides that CHAPTER EIGHT: Mandatory and Directory Statutes
“a
“any
ny rerequ
ques
estt fo
forr ex
exte
tens
nsio
ion
n of co comp
mpul
ulso
sory
ry reti
retire
rees
es to
complete
compl ete the 15-yea
15-years
rs servi
service
ce requi
requiremen
rementt for retir
retirement
ement IN GENERAL
shall be allowed only to permanent appointees in the career

service whoa are

granted for regular
period members1ofyear 
not exceeding the GSIS and shall be Generally
• Mand
Mandatator
ory
y an
and
d dire
direct
ctor
ory
y cl
clas
assi
sifi
fica
cati
tion
on of st
stat
atut
utes
es –
• Held: CSC Memorandum Circular No 27 unconstitutional! It importance: what effect should be given to the mandate of a
is an administrative regulation which should be in harmony statute
with the law; liberal construction of retirement benefits
Mandatory and directory statutes, generally
Rules of Court • Mandat
Man datory
ory statut
statutee – com
comman
mandsds ei
eithe
therr pos
positi
itivel
vely
y that
that
• RC are procedural – to be construed liberally something be done in a particular way, or negatively that
• Purpose of RC – the proper and just determination of a something be not done; it requires OBEDIENCE, otherwise
litigation void
• Procedural laws are no other than technicalities, they are • Directory statute – permissive or discretionary in nature and
adopted not as ends in themselves but as means conducive to merely outlines the act to be done in such a way that no
the realization of the administration of law and justice injury can result from ignoring it or that its purpose can be
• RC should not be interpreted to sacrifice substantial rights at accomplished in a manner other than that prescribed and
the expense of technicalitie
technicalitiess substantially the same result obtained; confer direction upon
a perso
person;
n; non-perform
non-performance
ance of what it prescribe
prescribess will not
Case v. Jugo vitiate the proceedings therein taken
•  Lapses in the literal
literal observance of a rule of procedure will
 be overlooked when they do not involve public policy; when When statute is mandatory or directory
they arose from an honest mistake or unforeseen accident; •  No absolute test to determine
determine whether a statute is direc
directory
tory or
when they have not prejudiced the adverse party and have mandatory
not deprived the court of its authority • Final arbiter – legislative intent
 

• Legislative intent does not depend on the form of the statute; • The
The impo
import
rt of the
the word
word ulti
ultima
mate
tely
ly depe
depend
ndss upon
upon a
mustt be given
mus given to the entire
entire statut
statute,
e, its object
object,, pur
purpos
pose,
e, consideration of the entire provision, its nature, object and
legislative history, and to other related statutes the consequences
consequences that would follow from const
construing
ruing it one
• Mandatory in form but directory in nature – possible way or the other
• Whethe
Whe therr a statut
statutee is man
mandat
datory
ory or direc
director
tory
y dep
depend
endss on
whether the thing directed to be done is of the essence of the  Loyola Grand Villa Homeowners (South) Assn., Inc. v. CA
CA
thing required, or is a mere matter of form, what is a matter • “must” construed as directory
of es
esse
senc
ncee ca
can
n ofte
often
n be dete
determ
rmin
ined
ed only
only by judijudici
cial
al • Corporation
Corpor ation Code Sec 46 reads “ every corpor
corporation
ation formed
construction under this Code MUST within one month after receipt of
o Considered directory – compliance is a matter of off
offic
icia
iall noti
notice
ce of the
the is
issu
suan
ance
ce of ititss ce
cert
rtif
ific
icat
atio
ion
n of
convenience; where the directions of a statute are incorporation with the SEC, adopt a code of by-laws for its
given merely with a view to the proper, orderly government not inconsistent with this Code”
and prompt conduc
conductt of busine
business;
ss; no substa
substantial
ntial • PD 902-A which
which is in  pari material  with
  with the Corporation
rights depend on it Code states that the non-filing of the by-laws does not imply
o Considered mandatory – a provision relating to the the “demise” of the corporation; that there should be a notice
essence of the thing to be done, that is, to matters and hearing before the certifica
certificate
te of regis
registrat
tration
ion may be
of subs
substa
tanc
nce;
e; inte
interp
rpre
reta
tati
tion
on sh show
owss that
that the
the cancelled by the failure to file the by-laws
legisl
legislatu
ature
re intend
intended
ed a com compli
plianc
ancee with
with suc
such
h
 provision to be essential to the
the validity of the act or • One test whether mandatory or directory compliance must be
 proceeding, or when some antecedent and made – whether non-compliance with what is required will
 prerequisite conditions must exist prior to the result in the nullity of the act; if it results in the nullity, it is
exercise of the power, or must be performed before mandatory
certain other powers can be exercised
 Director of Land v. CA
Test to determine nature of statute
• Law requires in petitions for land registration that “upon
• Test is to ascertain the consequences that will follow in case receipt of the order of the court setting the time for initial
what the statute requires is not done or what it forbids is hearing
hearing to be publishe
publishedd in the OG and once in a newsp
newspaper
aper
 performed of general circulation in the Philippines”
• Does the law give a person no alternative choice? – if yes, •
then it is mandatory Law
in theexpressly
OG AND requires
in the that the initial
newspaper hearing circulation
of general be published–
• Depends on the effects of compliance reason: OG is not as widely read of the newspaper of general
o If substantial rights depend on it and injury can circulation
result from ignoring it; intended for the protection • “shall” is imperative/ mandatory
of the citizens and by a disregard of which their • Without initial hearing being published in a newspaper of
rights are injuriously
injuriously affected – mandatory general circulation is a nullity
o Purpose is accomplished in a manner other than
that prescribed and substantially the same results Use of “may”
obtained - directory • An auxiliary verb showing opportunity or possibility
• Statut
Statutes
es cou
couche
chedd in manmandat
datory
ory for
form
m but com
compli
plianc
ancee is • Generally, directory in nature
merely directory in nature
• Used in procedural or adjective laws; liberally construed
o If strict compliance will cause hardship or injustice
• Example: Sec 63 of the corporation Code – “shares of stock
on the part of the public who is not at fault
so issued are perso
personal
nal property and MAY be transtransferre
ferred
d by
o If it will lead to absurd, impossible, or mischievous
delivery
delivery of the certifi
certificate
cate or cert
certific
ificated
ated endorsed by the
consequences
owner 
 If an officer is required to do a positive o “may” is merely directory and that the transfer of
act but fails
fails beca
because
use such acti
actions
ons will the shares may be effected in a manner different
lead to the aforementioned, he will only
from that provided for in law
 be subject to administrative sanction for
his failure to do what the law requires
When “shall” is construed as “may” and vice versa
• Rule: “may” should be read “shall”
o where such construction is necessary to give effect
to the apparent intention of the legislature
Language used
o where a statute provides for the doing os some act
• Generally mandatory – command words
which is required by justice r public duty
o Shall or Shall not
o where it vests a public body or officer with power
o Must or Must not
and authority to take such action which concerns
o Ought or Ought not
for the public interest or rights of individuals
o Should or Should not
• Rule: “shall” should be read “may”
o Can or Cannot
o When
Wh en so rerequ
quir
ired
ed by thethe cont
contex
extt or by the
the
• Generally directory – permissive words intention of the legislature
o May or May not o When no public benefit or private right requires

Use of “shall” or “must” that it be given an imperative meaning

• Generally, “shall” and “must” is mandatory in nature  Diokno v. Rehabilitiation
Rehabilitiation Finance Corp
• If a differ
different
ent interp
interpret
retati
ation
on is sou
sought
ght,, it mus
mustt rest
rest upon • Sec. 2 RA 304 reads “banks or other financial institutions
something in the character of the legislation or in the context owned or controlled by the Government SHALL, subject to
which will justify a different
d ifferent meaning
 

availability of funds xxx accept at a discount at not more • Held

Hel d as absolu
absolutel
tely
y indisp
indispens
ensabl
ablee to the pre
preven
ventio
tion
n of
than 20% for 10 years of such backpay certificate” needless delays and to the orderly and speedy discharge or
• “Shall” implies discretion because of the phrase “subject to  business, and are necessary incident to the pro
proper,
per, efficient,
availability of funds” and orderly discharge of judicial functions
• Strict not substantial compliance
Govermnent v. El Hogar Filipino •  Not waivable, nor can they be the subject of agreements or
• Corporatio
Corpora tion
n Cod
Codes
es rea
reads
ds “SH
“SHALL
ALL,, upo
upon
n suc
such
h viola
violatio
tion
n stipulation of litigants
 being proved, be dissolved by quo warranto proceedings”
warranto proceedings”
• “Shall” construed as “may”  Reyes v. COA
• Se
Sec.
c. 187
187 RA 71671600 – proc
procesesss of appe
appeal
al of diss
dissat
atis
isfi
fied
ed
 Berces, Sr. v. Guingona taxpayer on the legality of tax ordinance
• Sec. 68 Ra 7160 (LGC) provides that an appeal from an o Appeal to the Sec of Justice within 30 days of
advers
adv ersee decisi
decision
on agains
againstt a local
local ele
elect
ctive
ive off
offici
icial
al to the effectivity of the tax ordinance
President “SHALL not prevent a decision from becoming o If Sec of Justice decides the appeal, a period of 30
final and executor” days is allowed for an aggrieved party to go to
• “Shall”
“Shal l” is not mandator
mandatory y beca
because
use there is room to const
construe
rue court
said provision as giving discretion to the reviewing officials o If the Sec of Justice does not act thereon, after the
to stay the execution of the appealed decision lapse of 60 days, a party could already proceed to
seek relief in court
Use of negative, prohibitory or exclusive terms • Purpose of manda
mandatory
tory complia
compliance:
nce: to preve
prevent
nt dela
delays
ys and
• A negative statute is mandatory; expressed in negative words enhanc
enhancee the speedy
speedy and ord orderl
erly
y discha
discharge
rge of judic
judicial
ial
or in a form of an affirmative proposition qualified by the functions
word “only”
• “only” exclusionary negation • Unless the req
Unless requir
uireme
ements
nts of law are comcompli
plied
ed with,
with, the
• Proh
Prohib
ibit
itiv
ivee or nega
negati
tive
ve wo
words
rds ca
can
n rare
rarely
ly,, if ev
ever
er,, be decision of the lower court will become final and preclude
discretionary the appellate court from acquiring jurisdiction to review it
•  Interest reipiciae ut sit finis litium –  public interest requires
that by the very nature of things there must be an end to a

MANDATORY STATUTES legal controversy

Gachon v. Devera, Jr 
Statutes conferring power 
• Issue: whether Sec 6 of the Rule on Summary Procedure,
• Generally
Gener ally regarde
regarded
d as mandatory althoug
althoughh couched
couched in a
which
whi ch rea
reads
ds “ should
should the defend
defendant
ant fail to answer
answer the
 permissive form
complaint within the period above provided, the Court, motu
• Should
Sho uld con
constr
strue
ue as imp
imposi
osing
ng abs
absolu
olute
te and pos
positi
itive
ve dut
duty
y  proprio,, or on moti
 proprio motionon of the
the plai
plaint
ntif
iff,
f, SH
SHAL
ALL L rerend
nder
er
rather than conferring privileges  judgment as may be warranted by the facts alleged in the
• Power is given for the benefit of third persons, not for the compla
com plaint
int and lilimit
miteded to wha
whatt is pra
prayed
yed for therei
therein,”
n,” is
 public official mandatory or directory, such that an answer filed out of time
• Granted to meet the demands of rights, and to prevent a may be accepted
failure of justice • Held: mandatory
• Given as a remedy to those entitled to invoke its aid o Mustt fil
Mus filee the answer
answer within
within the reg
reglem
lement
entary
ary
 period
Statutes granting benefits o Reglementary period shall be ‘non-extendible’
• Considered mandatory o Othe
Otherw
rwis
ise,
e, it woul
would
d defe
defeat
at the
the objec
objecti
tive
ve of
• Failure of the person to take the required steps or to meet the
conditions will ordinarily preclude him from availing of the expediting the adjudication of suits
statutory benefits Statutes prescribing procedural requirements
• Vigilantibus et non dormientibus jura subveniunt – the laws • Construed mandatory
aid the vigilant, not those who slumber on their rights • Procedure relating to jurisdictional, or of the essence of the
•  Potior est in tempoe, potior est in jure
jure –
 – he who is first in  proceedings, or is prescribed for the protection or benefit of
time is preferred in right the party affected
• Wher
Wh eree fafail
ilur
uree to comp
complyly with
with certcertai
ain
n proc
proced
edur
ural
al
Statutes prescribing jurisdictional requirements requirements will have the effect of rendering the act done in
• Considered mandatory connec
con nectio
tion
n there
therewit
with
h voi
void,
d, the statut
statutee pre
prescr
scribi
ibing
ng such
such
req
requir
uireme
ements
nts is reg
regard
arded
ed as man
mandat
datory
ory even
even though
though the
• Examples
language is used therein is permissive in nature
o Requirement of publication
o Provision in the Tax Code to the effect that before
 De Mesa v. Mencias
Mencias
an action for refund of tax is filed in court, a
written claim therefore shall be presented with the • Sec 17, Rule 3 RC – “after a party dies and the claim is not
CIR within the prescribed period is mandatory and thereby
thereby extin
extinguish
guished,
ed, the court shall order, upon proper
notice, the legal representative of the deceased to appear and
failure to comply with such requirement is fatal to
the action to be substituted xxx. If legal representat
representative
ive fails to appea
appearr
xxx, the court MAY order the opposing party to produce the
Statutes prescribing time to take action or to appeal appointment of a legal representative xxx”
• Generally mandatory • Although MAY was used, provision is mandatory
 

• Procedural requirement goes to the very jurisdiction of the

court, for “unless and until a legal representative is for him is DIRECTORY STATUTES
duly named and within the jurisdiction of the trial court, no
adj
adjudi
udicat
cation
ion in the cause
cause cou
could
ld hav
havee bee
been
n accor
accorded
ded any Statutes prescribing guidance for officers
va
vali
lidi
dity
ty or thethe bind
bindin
ing
g effe
effect
ct up
upon
on any
any papart
rty,
y, in • Regulation designed to secure order, system, and dispatch in
representation of the deceased, without trenching upon the  proceedings, and by a disregard of which the rights of parties
fundamental right to a day in court which is the very essence interested may not be injuriously affected – directory
of the constitutionally enshrined guarantee of due process o Except
Exc eption
ion – unless
unless accomp
accompani
anied
ed by negnegati
ative
ve
words importing that the acts required shall not be
Election laws on conduct of election done
done in any
any othe
otherr ma
mann
nner
er or ti
time
me than
than that
that
• Construed as mandatory designated
• Before election – mandatory
• After election – directory, in support of the result unless of a Statutes prescribing manner of judicial action
character to affect an obstruction to the free and intelligent • Construed directory
casting of the votes, or to the ascertainment of the result, or • Procedure is secondary in importance to substantive right
unle
unless
ss it is exexpr
pres
essl
sly
y decl
declar
ared
ed by thethe stat
statut
utee that
that the
the • Generally, non-compliance therewith is not necessary to the
 particular act is essential
essential to the validity of an election,
election, or that validity of the proceedings
its omission shall render it void (whew, and haba!)
• When the voters have honestly cast their ballots, the same Statutes requiring rendition of decision within prescribed period
should not be nullified simply because the officers appointed • Sec 15(1) ArtArt.. VII
VIII,
I, 198
19877 Con
Consti
stitut
tution
ion – the maxim
maximum
um
under the law to direct the elections and guard the purity of  period within which a case or matter shall be decided or
the ballot have not done their duty resolved from the date of its submission shall be
• For whe
where
re a candid
candidate
ate has receiv
received
ed popu
popular
lar man
mandat
date,
e, o 24 months – SC
overwhelmingly and clearly expressed, all possible doubts o 12 months – lower collegiate courts
should be resolved in favor of the candidates eligibility, for o 3 months – all other lower courts
to rule otherwise is to defeat the will of the electorate •   Sec 7 Art. IX-A, 1987 Constitution –
o 60 days
days fr
from
om the
the date
date of ititss subm
submis
issi
sion
on for
 Delos Reyes v.
v. Rodriguez  resolution – for all Constitutional Commissions
• The circumstance that the coupon bearing the number of the •
 ballot is not detached at the time the ballot is voted, as Bef
Before
ore the
rendition Con
Consti
stitut
of decision tution
ion took
too
within k eff
effect
ect period
prescribed - Statut
Statutes
es requir
requiring
– Directory ing
required by law, does not justify the court in rejecting the o Except
 ballot
 intention to the contrary is manifest
 time is of the essence of the thing to be
Election laws on qualification and disqualification
done
• The rulrulee of “befor
“before-m
e-mand
andato
atoryry and after-
after-dir
direc
ector
tory”
y” in
 language of the statute contains negative
election laws only applies to procedural
p rocedural statutes;
words
•  Not applicable to provisions of the election laws prescribing
 designation of the time was intended as a
the tim
timee lim
limit
it to file
file certi
certific
ficate
ate of candid
candidacacy
y and the
limitation of power, authority or right
quali
qua lific
ficati
ations
ons and disqua
disquali
lific
ficati
ations
ons of ele
elect
ctive
ive offi
office
ce –
considered mandatory even after election • always look at intent to ascertain whether to give the statute
a mandatory or directory construction
Statutes prescribing qualifications for office o  basis: EXPEDIENCY – less injury results to the
• Eligibility to a public office is of a continuing nature and general public by disregarding than enforcing the
must exist at the commencement of the term and during the little of the law and that judges would otherwise
occupancy of the office abstain from rendering decisions after the period to
•
re
rende
nderr them
them had had la
laps
psed
ed beca
becaus
usee they
they la
lack
cked
ed
Statut
Statutes
es topre
 persons prescr
scribi
ibing
a publicng theareeli
office eligib
gibili
ility
regardedty as
ormandat
qua
qualif
lifica
icatio
mandatory
ory tions
ns of  jurisdiction tot do so
• Example in the book – lawyer-judge; judge-disbarment as
Querubin v. CA
lawyer 
• Statute: appeals in election cases “shall be decided within 3
Statutes relating to assessment of taxes
months after the filing of the case in the office of the clerk of
• Intended for the security of the citizens, or to insure the
court”
equality of taxation, or for certainty as to the nature and
• Issue: whether or not CA has jurisdiction in deciding the
amount of each other’s tax – MANDATORY
E.g. Statutes requiring the assessor to notify the election case although the required period to resolve it has
o
expired
taxpayer of the assessment of his property within a
• Held: yes, otherwise is to defeat the administration of justice
 prescribed period
upon factors beyond the control of the parties; would defeat
• Those designed merely for the information or direction of
the purpos
purposee of due proc process
ess;; dismis
dismissal
sal will
will consti
constitut
tutee
officers or to secure methodical and systematic modes of
miscarriag
misca rriagee of justi
justice;
ce; speedy trial would be turne
turnedd into
 proceedings - DIRECTORY
DIRECTORY
denial of justice
o Failur
Failuree of judge
judge to take
take act
action
ion within
within the said
Statutes concerning public auction sale
 period merely deprives him of their right to collect
•  Construed mandatory
• Procedural steps must be strictly followed their salaries
deprive or the
them of to apply for leaves,
jurisdiction to act but does
on the not
cases
• Otherwise, void  pending before them

Constitutional time provision directory

 

 Marcelino v. Cruz  • It is a settled rule in statutory construction that statutes are to

• Sec 15(1) ArtArt.. VII
VIII,
I, 1987 Constitu
Constitutio
tion
n – the maxim
maximumum  be construed as having only prospective operation, unless
unless the
 period within which a case or matter shall be decided or intendment of the legislature is to give them a retroactive
resolved from the date of its submission shall be effect,
effec t, expre
expressly
ssly declare or neces
necessari
sarily
ly impl
implied
ied from the
o 24 months – SC language used.
o 12 months – lower collegiate courts •  No court will hold a statute to be retroactive when the
o 3 months – all other lower courts legislature has not said so.
• Sec 15(1) Art. VIII, 1987 Constitution – directory • Art. 4 of the Civil Code which provides that “Laws shall
• Reasons: have no retroactive effect, unless the contrary is provided.”
o Statutory provisions which may be thus departed •  Lex prospicit, non respicit – the law looks for
forwar
ward,
d, not
from with impunity, without affecting the validity  backward
of statutory proceedings, are usually those which
relate to the mode or time of doing that which is •  Lex de future, judex de praeterito –  the
  the law provides for the
future, the judge for the past.
essent
essential
ial to eff
effect
ect the aim and pur purpos
posee of the
legislatur
legislaturee or some inciden
incidentt of the essenti
essential
al act – • If the law is silent as to the date of its application and that it
thus directory is couched in the past tense does not necessarily imply that it
o Li
Libe
bera
rall co
cons
nstr
truc
ucti
tion
on – depadepart
rtur
uree from
from stri
strict
ct should have retroactive effect.
compli
com plianc
ancee woul
would d result
result in less
less injury
injury to the
Grego v. Comelec
general public than would its strict application
o Courtss are not dives
Court divested
ted of thei
theirr juris
jurisdict
diction
ion for • A statute despite the generality of its language, must not be
so construed as to overreach acts, events, or matters which
failure to decide a case within the 90-day period
transpired before its passage
o Only for the guidance of the judges manning our
• Statute:
Statu te: Sec.40 of the LGC disqu disqualify
alifying
ing those remove
removedd
courts
from office as a result of an administrative case from running
o Failure to observe said rule constitutes a ground
for local elective positions cannot be applied retroactively.
for administrative sanction against the defaulting
 judge • Held: It cannot disqualify a person who was administratively
removed from his position prior to the effectivity of said
 A certification to this effect is required
Code from running for an elective position.
 before judges are allowed to draw their
• Rationale: a law is a rule established to guide actions with no
salaries  binding effect until it is enacted.
CHAPTER NINE: Prospective and Retroactive Statutes
•  Nova constitution futuris formam imponere debet non
IN GENERAL  praeteretis – A new statute should affect the future, not the
 past.
Prospective and retroactive statutes, defined
• Prospective –
o operates upon facts or transactions that occur after
the statute takes effect
o looks and applies to the future. • Prospectivity applies to:
• Retroactive – o Statutes
o Law which creates a new obligation, imposes a o Administrative rulings and circulars
new duty or attaches a new disability in respect to o Judicial decisions
a transaction already past. • The pri
princi
nciple
ple of pro
prospe
specti
ctivit
vity
y of statut
statutes,
es, ori
origin
ginal
al or
o A statute is not made retroactive because it draws amendatory, has been applied in many cases. These include:
on antecedent facts for its operation, or part of the
requirements for its action and application is drawn  Buyco v. PNB
from a time antedating its passage. • Statute:
Statute: RA 1576 which dive divested
sted the PNB of auth
authority
ority to
accept back pay certificates in payment of loans
Umali vs. Estanislao • Held: does not apply to an offer of payment made before
• A law may be made operative partly on facts that occurred effectivity of the act.
 prior to the effectivity
effectivity of such law without bei
being
ng retroactive.
• Statute: RA 7167- granting increased personal exemptions
from income tax to be available thenceforth, that is, after said  Lagardo v. Masaganda
Act became effective and on or before the deadline for filing • Held: RA 2613, as amended by RA 3090 ON June 1991,
income tax returns, with respect to compensation income granting inferior courts jurisdiction over guardianship cases,
earned or received during the calendar year prior to the date could not be given retroactive effect in the absence of a
the law took effect. saving clause.

Castro v. Sagales  Larga v. Ranada Jr.

• A retroactive law (in a legal sense) • Held: Sec.
Sec. 9 & 10 of E.O. 90 amendi
amendingng Sec 4 of P.D. 1752
o one whi
which
ch takes
takes awa
away
y or imp
impair
airss ves
vested
ted rights
rights could have no retroactive application.
acquired under existing laws
o creates a new obligation and imposes a new duty  Peo v. Que Po Lay
o attaches a new disability in respect of transactions • Held: a person cannot be convicted of violating Circular 20
or considerations already past of the Central Bank, when the alleged violation occurred
 before publication of the Circular
Circular on the Offici
Official
al Gazette.
Laws operate prospectively, generally
 

 Baltazar v. CA o Statutes which create new rights

• Held: It denied retroactive application to PD 27 decreeing o Statut
Statutee exp
expres
ressly
sly prov
provide
idess that
that it shall
shall app
apply
ly
the emancipation of tenants from the bondage of the soil, & retroactively
PD 316, prohibiting ejectment of tenants from rice & corn o Where
Whe re it uses
uses wor
words
ds whi
whichch cle
clearl
arly
y indic
indicate
ate its
farmholdings pending promulgation of rules & regulations intent
implementing PD 27 • Problem in construction is when it is applied retroactively, to
avoid frontal clash with the Constitution and save the law
 Nilo v CA from being declared unconstitutional.
• Held:
Held: rem
remove
ovedd ‘pe
‘perso
rsonal
nal cultiv
cultivati
ation’
on’ as the grou
ground
nd for
ejectment of a tenant can’t be given retroactive effect in STATUTES GIVEN PROSPECTIVE EFFECT
absence of statutory statement for retroactivity.
Penal statutes, generally
• Applied to administrative rulings & circulars: • Penal laws operate prospectively.
• Ar
Art.
t. 21 of the
the RP
RPC
C pro
provi
vide
dess that
that “no
“no fe
felo
lony
ny shal
shalll be
 ABS-CBN Broadcasting v. CTA  punishable by any penalty not prescribed by law prior to its
• Held
Held:: a circ
circul
ular
ar or ru
ruli
ling
ng of thethe CI
CIR
R ca
cann
nnot
ot be give
given
n commission.
retroactive effect adversely to a taxpayer. • Provision is recognition to the universally accepted principle
that no penal law
law can have a retroa
retroactive
ctive ef
effect
fect,, no act or
Sanchez v. COMELEC  omission shall be held to be a crime, nor its author punished,
• Held: the holding of recall proceedings had no retroactive except by virtue of a law in force at the time the act was
application committed.
•  Nullum crimen sine poena, nulla po poena
ena sine legis – there is
 Romualdez v. CSC 
no crime without a penalty, there is no penalty without a law.
• Held: CSC Memorandum Circular No. 29 cannot be given
retrospective effect so as to entitle to permanent appointment
 Ex post facto law 
an emplo
employee
yee whose tempo
temporary
rary appointme
appointment
nt had expired
 before the Circular was issued. • Constitut
Constitution
ion pro
provid
vides
es that
that no ex post
post fact
facto
o law shall be
• Applied
Appli ed to judic
judicial
ial decisi
decisions
ons for even though not laws
laws,, are enacted. It also prohibits the retroactive application of penal
evidence of what the laws mean and is the basis of Art.8 of laws which are in the nature of ex post facto laws.
the Civil Code wherein laws of the Constitution shall form •  Ex post facto laws are any of the following:
 part of the legal system
system of the Philippine
Philippines.s. o Law makes criminal an act done before the passage
of the law and which was innocent when done, and
Presumption against retroactivity  punishes such act
• Presumption is that all laws operate prospectively, unless the o Law which aggravates a crime, makes it greater
cont
contra
rary
ry clclea
earl
rly
y appe
appeararss or is clea
clearl
rly,
y, plai
plainl
nly
y and
and than it was, when committed
unequivocally expressed or necessarily implied.
o Law which changes the punishment 
punishment   & inflicts a
• In case of doubt: resolved against the retroactive operation of
greater punishment than that annexed to the crime
laws
when committed
• If statute is susceptible of construction other than that of
o Law whiwhich
ch alt
alters
ers the legal
legal rul
rules
es of eviden
evidencece,,
retroactivity or will render it unconstitutional- the statute will
auth
author
oriz
izes
es coconv
nvic
icti
tion
on upon
upon le less
ss or diff
differ
eren
entt
 be given prospective effect
effect and operation.
testimony than the law required at the time of the
• Presumptio
Presu mptionn is strong against substa
substantive
ntive laws affec
affecting
ting
commission of the offense
 pending actions or proceedings. No substantive statute shall
o Law which assumes to regulate civil rights and
 be so construed retroactively
retroactively as to affect pending litigations.
remedies
reme dies only, but in effe
effect
ct imposes penalty or
deprivation of a right for something which when
Words or phrases indicating prospectivity done was lawful
• Indicating prospective operation:
o Law which deprives a person accused of a crime of
o A statute is to apply “hereafter” or “thereafter”
some lawful protection to which he has become
o “from and after the passing of this Act”
entitled, such as protection of a former conviction
o “shall have been made” or acquittal, or proclamation of amnesty.
o “from and after” a designated date
• Test if ex post facto clause is violated: Does the law sought
• “Shall” implies that the law makes intend the enactment to to be applied retroactively take from an accused any right
 be effective only in future. vital for protection of life and liberty?
• Statutes have no retroactive but prospective
p rospective effect: • Scope: applies only to criminal or penal matters
o “It shall take effect upon its approval” • It does NOT apply to laws concer concerning
ning civil proceed
proceedings
ings
o Shall take effect on the date the President shall generally, or which affect or regulate civil or private rights or
have issued a proclamation or E.O., as provided in  political privilege
privilege
the statute
 Alvia v. Sandiganbayan
Retroactive statutes, generally
• Law: as of the date of the effectivity of this decree, any case
• Th
Thee Co
Cons
nsti
titu
tuti
tion
on does
does not prohi
prohibi
bitt the
the en
enac
actm
tmen
entt of cognizable by the Sandiganbayan is not an ex post facto law
retroactive statutes which do not impair the obligation of  because it is not a penal statute
statute nor dilutes the right of appeal
contract, deprive persons of property without due process of of the accused.
law, or divest rights which have become vested, or which are
not in the nature of ex post facto laws. Bill of attainder 
• Statutes by nature which are retroactive:
o Remedial or curative statutes
 

• Constitut
Consti tution
ion prov
provide
idess that
that no bill
bill of attain
attainder
der sha
shall
ll be alleging that his continued imprisonment is illegal pursuant
enacted. to said statute & praying that he be forthwith released.
• Bill of attainder – legislative act which inflicts punishment
without judicial trial • Exceptions to the rule:
• Es
Esse
senc
nce:e: su
subsbsti
titu
tuti
tion
on of a legilegisl
slat
ativ
ivee for
for a judi
judici
cial
al o When accused is habitual delinquent
determination of guilt o When statute provides that it shall not apply to
• Serves to implement the principle of separation of powers by existing actions or pending cases
co
confi
nfini
ning
ng thethe le legi
gisl
slat
atur
uree to rul
rule-
e-ma
maki king
ng & therthereb
ebyy o Where accused disregards the later law & invokes
forestalling legislative usurpation of judicial functions. the prior statute under which he was prosecuted.
• Hist
History
ory:: Bi
Billll of Atta
Attain
inde
derr was
was ememplploy
oyed
ed to susupp
ppre
ress
ss • General rule: An amendatory statute rendering an illegal act
unpopular causes & political minorities, and this is the evil  prior to its enactment no longer illegal is given retroactive
sought to be suppressed by the Constitution. eff
effect
ect doe
doess not app
applyly whe
when
n ame
amenda
ndator
tory
y act
act specif
specifica
ically
lly
• How to spot a Bill of Attainder:  provides that it shall only apply prospectively.
o Singling out of a definite minority
o Imposition of a burden on it Statutes substantive in nature
o A legislative intent • Substantive law
o retroactive application to past conduct suffice to o creates, defines or regulates rights concerning life,
stigmatize liberty or property, or the powers of agencies or
instru
instrumen
mental
taliti
ities
es for adm
admini
inistr
strati
ation
on of pub public
lic
• Bill of Attainder is objectionable because of its ex post facto affairs.
features. o that part of law which creates, defines & regulates
• Accordingly, if a statute is a Bill of Attainder, it is also an ex rights, or which regulates rights or duties which
 post facto law. give rise to a cause of action
o that part of law which courts are established to
When penal laws applied retroactively administer 
• Penal laws cannot be given retroactive effect, except when o when applied to criminal law: that which declares
they are favorable to the accused. whi
which acts are cri rim
mes an andd pr pres
esccri
ribe
be the
the
• Art.22 of RPC “penal laws shall have a retroactive effect  punishment for committing
committing them
o Cannot be construed retroactively as it might affect
insofar as they
a habitual favor as
criminal, thethis
person
termguilty of a felony,
is defined in Rulewho is not
5 Art 62  previous or past rights or obligations
obligations
of the Code , although at the time of the application of such • Substantive rights
laws a final sentence has been pronounced and the convict is o One which includes those rights which one enjoys
serving the same. under the legal system prior to the disturbance of
• This is not an ex post facto law. normal relations.
• Ex
Exce
cept
ptio
ion
n to the
the gene
generarall ru
rule
le that
that all
all laws
laws ope
opera
rate
te • Cases with substantive statutes:
 prospectively.
• Rule is founded on the principle that: the right of the state to Tolentino v. Azalte
 punish and impose penalty is based on the principles of • In the absence of a contrary intent, statutes which lays down
 justice. certain requirements to be complied with be fore a case can
 be brought to court.
•  Favorabilia sunt amplianda, adiiosa restrigenda –
Conscience and good law justify this exception.  Espiritu v. Cipriano
• Except
Exc eption
ion was inspir
inspired
ed by sentim
sentiment
entss of hum
humani
anity
ty and • Freezes the amount of monthly rentals for residential houses
accepted by science. during a fixed period
• 2 laws affecting the liability of accused:
o
In force at the time of the commission of the crime Spouses Tirona v. Alejo
 – during the pendency of the criminal action, a • Law:
Law: CompComprerehe
hens
nsiv
ivee Land
Land Refo
Reform
rm LawLaw grgran
anti
ting
ng
statute is passed complainan
compl ainants
ts tena
tenancy
ncy rights to fishpo
fishponds
nds and pursua
pursuant
nt to
 reducing the degree of penalty which they filed actions to assert rights which subsequently
 eliminating the offense itself  amended to exempt fishponds from coverage of statute
 removing
removi ng subsid
subsidiary
iary impri
imprisonmen
sonmentt in • Held: Amendatory law is substantive in nature as it exempts
ca
case
se of inso
insolv
lven
ency
cy to pay
pay thethe civi
civill fishponds from its coverage.
liability
  prescription of the offense • Test for procedural laws:
• suc
suchh statut
statutee will
will be app
applie
lied
d o if rul
rulee rea
really
lly reg
regula
ulates
tes proced
procedure
ure,, the judici
judicial
al
retroactively and the trial court  process for enforcing rights and duties recognized
 before the finality of judgment  by substantive law & for justly administering
or the appellate court on appeal remedy and redress for a disregard or infraction of
from
from sucsuch
h judgme
judgment nt sho
should
uld them
take such statute in o If it operat
operates
es as a mea
means
ns of imp
implem
lement
enting
ing an
consideration. existing right
o Enacted during or after the trial of the criminal •
action Test for
o
substantive laws: a vested right
If it takes away
o If rule creates a right such as right to appeal
 Director v. Director
Director of Prisons
• When there is already a final judgment & accused is serving  Fabian v. Desierto
sent
senten
ence
ce,, re
reme
medy
dy is to file
file peti
petiti
tion
on of habeas corpus,
 

• Where to prosecute an appeal or transferring the venue of • Inchoate rights which have not been acted on are not vested
appeal is procedural
• Example:
o Decree
Dec reeing
ing that
that app
appeal
ealss from
from de
decis
cision
ionss of the
Ombudsman in administrative actions be made to • A statute may not be construed and applied retroactively
the Court of Appeals under the following circumstances:
o Requir
Req uiring
ing that
that app
appeal
ealss from dec
decisi
isions
ons of the o if it imp
impai
airs
rs subs
substan
tantiv
tivee rig
right
ht that
that has become
become
 NLRC be filed with
with the Court of Appeals vested;
• Generally, procedural rules are retroactive and are applicable o as disturbing or destroying existing right embodied
to actions pending and undermined at the time of the passage in a judgment;
of the procedural law, while substantive laws are prospective o cre
creati
ating
ng new substa
substanti
ntive
ve right
right to fun
fundam
dament
ental
al
cause
cause of act
action
ion whe
where
re non
nonee exist
existed
ed before
before and
Effects on pending actions making such right retroactive;
• Statut
Statutes
es aff
affec
ectin
ting
g sub
substa
stanti
ntive
ve rights
rights may not be given
given o  by arbitrarily creating a new right or liability
retroactive operation so as to govern pending proceedings. already extinguished by operation of law
• Law creating a new right in favor of a class of persons may
 Iburan v. Labes not be so applied if the new right collides with or impairs
• Where court originally obtains and exercises jurisdiction, a any vested right acquired before the establishment of the new
later statute restricting such jurisdiction or transferring it to right nor, by the terms of which is retroactive, be so applied
another tribunal will not affect pending action, unless statute if:
 provides & unless prohibitory words are are used. o it adversely affects vested rights
o uns
unsett
ettles
les matter
matter alr
alread
eady
y done as req requir
uired
ed by
 Lagardo v. Masagana existing law
• Where
Whe re cou
court
rt has no jurisd
jurisdic
ictio
tion
n ove
overr a certai
certain
n case
case but o works injustice to those affected thereby
nevertheless decides it, from which appeal is taken, a statute
en
enac
acte
ted
d duri
during
ng the
the pend
penden
ency
cy of the the ap
appe
peal
al vest
vestin
ing
g  Benguet Consolidated Mining
Mining Co v. Pineda
 jurisdiction upon such trial court over the subject matter or • Whil
Wh ilee a pers
person
on has
has no vest
vested
ed ri
righ
ghtt in any
any rul
rulee of la
law
w
suc
suchh case
case may not be given
given retroa
retroact
ctive
ive effec
effectt so as to entitling him to insist that it shall remain unchanged for his

validate the judgment of the court a quo,

quo, in the absence of a  benefit, nor which
of a statute has heprecludes
a vested right in theorcontinued
its change existence
repeal, nor in any
saving clause.
omission to legislate on a particular matter, a subsequent
 Republic v. Prieto
Prieto statute cannot be so applied retroactively as to impair his
• Where a complaint pending in court is defective because it right that accrued under the old law.
did not allege sufficient action, it may not be validated by a • Sta
Statut
tutes must
must be so co cons
nsttru
rued
ed as to su sust
stai
ain
n it
itss
subsequent
subse quent law which affect
affectss subst
substantiv
antivee right
rightss and not constitutionality, and prospective operation will be presumed
merely procedural matters. where a retroactive application will produce invalidity.

• Rule against the retroactive operation of statutes in general

applies
applies more strongly with respe
respect
ct to subst
substantiv
antivee laws that
affect pending actions or proceedings.  Peo v. Patalin
• The abolition of the death penalty and its subsequent re-
Qualification of rule im
impos
posit
itio
ion.
n. Th
Thos
osee ac
accu
cuse
sedd of cr
crim
imes
es prio
priorr to the
the re
re--
• A substantive law will be construed as applicable to pending imposition of the death penalty have acquired vested rights
actions if such is the clear intent of the law. under the law abolishing it.
• To promote social justice or in the exercise of police power, • Courts have thus given statutes strict constriction to prevent
is intended to apply to pending actions their retroactive operation in order that the statutes would not
• As a rule, a case must be decided in the light of the law as it impair or interfere with vested or existing rights. Accused-
exists at the time of the decision of the appellate court, where appellant
appel lant ‘s righ
rights
ts to be benefi
benefited
ted by the aboli
abolition
tion of the
the statute changing the law is intended to be retroactive and death penalty accrued or attached by virtue of Article 22 of
to apply to pending litigations or is retroactive in effect the Revised Penal Code. This benefit cannot be taken away
• This rule is true though it may result in the reversal of a from them.
 judgment which as correct at the time it was rendered by the
Statutes affecting obligations of contract
trial court. The rule is subject to the limitation concerning
constitutional restrictions against impairment of vested rights • Any contract entered into must be in accordance with, and
not repugnant to, the applicable law at the time of execution.
Statutes affecting vested rights Such law forms part of, and is read into, the contract even
• A vested right or interest may be said to mean some right or without the parties expressly saying so.
interest in property that has become fixed or established and • Laws existing at the time of the execution of contracts are
is no longer open to doubt or controversy the ones applicable to such transactions and not later statutes,
• Rights are vested when the right to enjoyment, present or unlesss the latter provide that they shall have retroa
unles retroactive
ctive
 prospective, has become the property of some particular effect.
 person or persons, as a present interest • Later statutes will not, however, be given retroactive effect if
• The right must be absol
absolute,
ute, complet
completee and uncond
uncondition
itional,
al, to do so will
will imp
impai
airr the obli
obligat
gation
ion of con
contra
tract
cts,
s, for the
independent of a contingency Constitution prohibits the enactment of a law impairing the
obligations of contracts.
• A mere expectancy of future benefit or a contingent interest
in property founded on anticipated continuance of existing • Any law which enlarges, abridges, or in any manner changes
laws does not constitute a vested right the intention of the parties necessar
necessarily
ily impairs the contr
contract
act
itself 
 

• A statute which authorizes any deviation from the terms of law to the case of defendant-appellant s as to deprive him of
the contract by postpo
postponing
ning or acce
accelera
lerating
ting the perio
period
d of the agree
agreed
d fee wou
wouldld be arbitr
arbitrary
ary and unreas
unreasona
onable
ble as
 performance which it prescribes, imposing conditions not destructive of the inviolability of contracts, and therefore
expressed in the contract, or dispensing with those which are invali
invalid
d as lac
lackin
king
g in due proce
process;
ss; to pen
penali
alize
ze him for
however minute or apparently immaterial in their effect upon upo n collecting such fees, repugnant to our sense of justice.”
the contract, impairs the obligation, and such statute should
not therefore be applied retroactively. Repealing and amendatory acts
• As between two feasible interpretations of a statute, the court • Stat
Statut
utes
es whic
whichh rerepe
peal
al ea
earl
rlie
ierr or prio
priorr la
laws
ws oper
operat
atee
should adopt that which will avoid the impairment of the  prospectively, unless the legislative intent to give them
contract. retroactive effect clearly appears.
• If the contr
contract
act is lega
legall at it incepti
inception,
on, it canno
cannott be rendered • Although a repealing state is intended to be retroactive, it
illegal by a subsequent legislation. will not be so construed if it will impair vested rights or the
• A law by the terms of which a transaction or agreement obligations of contracts, or unsettle matters that had been
would be illegal
illegal cannot be given retroa
retroactive
ctive effec
effectt so as to legally done under the old law.
nullify such transactions or agreement executed before said • Repealing statutes which are penal in nature are generally
law took effect. applied retroactively if favorable to the accused, unless the
contrary appears or the accused is otherwise not entitled to
U.S. Tobacco Corp. v. Lina the benefits of the repealing act.
• The impor
importati
tation
on of cert
certain
ain goods withou
withoutt impor
importt lice
license
nse • While an amendment is generally construed as becoming a
which
whi ch was lega
legall unde
underr the law exi
existi
sting
ng at the tim
timee of  part of the original act as if it had always been contained
shipment is not rendered illegal by the fact that when the therein , it may not be given a retroactive eeffect
ffect unless it is
goods arrived there was alre already
ady another law prohibitin
prohibiting
g so provided expressly or by necessary implication and no
importation without import license. To rule otherwise in any vested right or obligations of contract are thereby impaired.
of these instances is to impair the obligations of contract. • The general rule on the prospective operation of statutes also
applies to amendatory acts

San Jose v. Rehabilitation Finance Corp

• RA 401 which condoned the interest on pre-war debts from

January
on June 1, 1942
16, 1951to by
December
virtually31,reenacting
1945 amended by law
the old RA 671
and
Illustration of rule
 providing that “if the debtor
debtor,, howev
however,
er, makes volunt
voluntary
ary
 payment of the entire
entire pre-war unpaid principal obligat
obligation
ion on
 People v. Zeta
or before December 31, 1952, the interest on such principal
• Existing law: authorizing a lawyer to charge not more than obligation corresponding from January 1, 1946 to day of
5% of thethe amamoun
ountt invo
involv
lved
ed as atto
attorn
rney
ey’s
’s fees
fees in the
the  payment are likewise
likewise condoned ”
 prosecution of certain veteran’s claim.
• Held: a debtor who paid his pre-war obligation together with
• Facts:
Fact s: A lawyer enteentered
red into a contra
contract
ct for profess
professional
ional the interests on March 14, 1951 or before the amendment
services on contingent basis and actually rendered service to was approved into law, is not entitled to a refund of the
its successful conclusion. Before the claim was collected, a interest paid from January 1, 1946 to March 14, 1951 the
statute was enacted. date the debtor paid the obligation.
•  New statute: Prohibiting the collection of attorney’s fees for • Reason:
services rendered in prosecuting veteran’s claims. o “makes voluntary payment” – denotes a present or
• Issue: For collecting his fees pursuant to the contract for future act; thereby not retroactively
 professional services, the lawyer was prosecuted for o “unpaid
“unpa id princ
principal
ipal obligati
obligation”
on” and “cond
“condone”
one” –
violation of the statute.
imply that amendment does not cover refund of
•
Held: In exonerating
 prohibiting the of
the collection
collection lawyer, the court
attorney’s said:
annotthe
fees ccannot statute
be applied interests paid after its approval.
retroa
retroacti
ctivel
vely
y so as to adv advers
ersely
ely affect
affect the concontra
tract
ct for CIR v. La Tondena
 professional services andand the fees themselves.
themselves.
• Statute: imposes tax on certain business activities is amended
• The 5% fee was contingent and did not become absolute and  by eliminating the clause providing a tax on some of such
unconditional until the veteran’s claim had been collected by activities, and the amended act is further amended, after the
the claimant when the statute was already in force did no lapse of length of time, by restoring the clause previously
alter the situation. eliminated, which requires that the last amendment should
• For the “distinction between vested and absolute rights is not not be given retroactive effect so as to cover the whole
helpful and a better view to handle the problem is to declare  period.
those statutes attempting to affect rights which the courts
find to be unalterable, invalid as arbitrary and unreasonable,  Imperial v. CIR
thus lacking in due process.” • An amendment which imposes a tax on a certain business
• The 5% fee allowed by the old law is “not unreasonable. which the statute prior to its amendment does not tax, may
Services
Servi ces were rende
rendered
red there
thereunder
under to clai
claimant’
mant’ss benef
benefits.
its. not be applied retroactively so as to require payment of the
The right to fee feess acc
accrue
ruedd upon such rendit
rendition
ion.. Onl
Onlyy the tax on such business for the period prior to the amendment
 payment of the fee was contingent upon the approval of the
claim; therefor
claim; therefore,
e, the right was contingen
contingent.t. For a right to  Buyco v. Philippine National Bank 
accrue is one thing; enforcement thereof by actual payment • Issue: can Buyco compel the PNB to accept his backpay
is another. The subsequent law enacted after the rendition of certificate in payment of his indebtedness to the bank 
the services should not as a matter of simple justice affect the • April 24, 1956- RA 897 gave Buyco the right to have said
agreement, which was entered into voluntarily by the parties
certificate applied in payment of is obligation thus at that
as expressly directed in the previous law. To apply the new
time he offered to pay with his backpay certificate.
 

• June 16, 1956, RA 1576 was enacted amending the charter

of the
the PN
PNBB anandd pro
provi
vide
dedd that
that the
the bankbank sh
shal
alll have
have no  Alday v. Camillon
aut
author
hority
ity to accept
accept backpa
backpay y certi
certific
ficate
ate in pay
paymen
mentt of • Provision: BP 129- “nor record or appeal shall be required to
indebtedness to the bank. take an appeal.” (procedural in nature and should be applied
• Held: The Court favored Buyco. All statutes are construed as retroactively)
having
hav ing pro
prospe
specti
ctive
ve ope
operat
ration
ion,, unl
unless
ess the purppurpose
ose of the • Issue: Whether an appeal from an adverse judgment should
legislature is to give them retroactive effect.  be dismissed for failure of appellant to file a record on
• This principle also applies to amendments. RA 1576 does appeal within 30 days as required under the old rules.
not contain any provision regarding it itss retroactive effect. It • Such question is pending resolution at the time the BP Blg
simply states its effectivi
effectivity
ty upon approval. The amendment took effect, became academic upon effectivity of said law
therefore,
therefore, has no retro
retroacti
active
ve effect, and the present case  because the law no longer requires the filing a of a record on
should be governed by the law at the time the offer in appeall and its retroact
appea retroactive
ive applicat
application
ion remov
removeded the legal
question was made obstacle to giving due course to the appeal.
• The rule is familiar that after an act is amended, the original
act continues to be in force with regard to all rights that had Castro v. Sagales
accrued prior to such amendment. • A statute which transfers the jurisdiction to try certain cases
from a court to a quasi-judicial tribunal is a remedial statute
 Insular Government v. Frank 
Frank  that is applicable to claims that accrued before its enactment
• Where a contract is entered into by the parties on the basis of  but formulated and filed after
after it took effect.
the law then prevailing, the amendment of said law will not • Held: The court that has jurisdiction over a claim at the time
affect the terms of said contract. it accrued cannot validly try to claim where at the time the
• The rule applies even if one of the contracting parties is the claim is formulated and filed, the jurisdiction to try it has
government  been transferred by law to a quasi-judicial ttribunal.
ribunal.
  •  Rationale: for even actions pending in one court may be
STATUTES GIVEN RETROACTIVE EFFECT validly be taken away and transferred to another and no
li
liti
tiga
gant
nt ca
can
n ac
acqu
quir
iree a vest
vested
ed ri
righ
ghtt to be hear
heard
d by one
one
Procedural laws  particular court.
• The general law is that the law has no retroactive effect.
• Exceptions:
o  procedural laws • An admin
administra
istrative
tive rule : which is inte
interpret
rpretative
ative of a pre-
existing statue and not declarat
existing declarative
ive of cert
certain
ain rights with
o cu
cura
rati
tive
ve lalaws
ws,, wh
whic
ich
h are
are gigive
ven
n retr
retroa
oact
ctiv
ivee
obligations thereunder is given retroactive effect as of the
operation
date of the effectivity of the statute.
• Procedural laws
o adjective laws which prescribe rules and forms of  Atlas Consolidated Mining
Mining & Development C Corp.
orp. v. CA
 procedure of enforcing rights or obtaining redress • Issue: whether a trial court has been divested of jurisdiction
for their invasion to hear
hear and decid
decidee a pen
pendin
dingg case
case involv
involving
ing a min
mining
ing
o they refer to rules of procedure by which courts controversy upon the promulgation of PD 1281 which vests
applying laws of all kinds can properly administer upon the Bureau of Mines Original and exclusive jurisdiction
injustice to hear and decide mining controversies.
o they
they includ
includee rul
rules
es of pleadi
pleadings
ngs,, pra
practi
ctice
ce and • Held: Yes. PD 1281 is a remedial statute
statute..
evidence • It does not create new rights nor take away rights that are
o Applied
Appli ed to criminal law, they provid
providee or regul
regulate
ate
already vested. It only operates in furtherance of a remedy or
the steps by which one who commits a crime is to confirmation of rights already in existence.
 be punished.
• It does not come within the legal purview of a prospective
o Remedial statutes or statutes relating to modes of
law. As such, it can be given retrospective application of
 procedure- which d do
o not create new or take away statutes.
vested rights, but only operate in furtherance of the
• Bei
Being
ng procedu
procedural
ral in nature
nature,, it shall
shall app
apply
ly to all acti
actions
ons
remedy
rem edy or conconfir
firmat
mation
ion of the rights
rights alread
already
y
 pending at the time of its enactment except only with respect
existing, do not come within the legal conception
to those cases which had already attained h character of a
of a retroactive law, or the general rule against the
final and executor judgment.
retroactive operation of statutes.
• Weree it not so, the pur
Wer purpos
posee of the Decr
Decreeee,, whi
which
ch is to
o A new statute which deals with procedure only is
facilitate the immediate resolution of mining controversies
 presumptively applicable to all actions – those
 by granting jurisdiction to a body or agency more adept to
which have accrued or are pending.
the technical complexities of mining operations, would be
o Statutes regulating the procedure of the courts will
thwarted and rendered meaningless.
 be construed as applicable to actions pending and
• Litigants
Litigants in a minin
miningg contro
controversy
versy cannot be permi
permitted
tted to
undetermined at the time of their passage.
choose a forum of convenience.
• The retroactive application of procedural laws is not:
• Jurisdiction is imposed by law and not by any of the parties
o violative of any right of a person who may feel that
to such proceedings.
he is adversely affected;
• Furthermore, PD 1281 is a special law and under a well-
o nor constitutionally objectionable.
accepted principle in stat con, the special law will prevail
•  Rationale: no vested right may attach to, nor arise from,
 Rationale: no over a stature or law of general application.
 procedural laws.
• A person has no vested right in any particular remedy, and a Subido, Jr. v. Sandiganbayan
litigant cannot insist on the application to the trial of his • Court ruled that RA 7975, in further amending PD 1606 as
case, whether civil or criminal, of any other than the existing regards the Sandiganbayan’s jurisdiction, mode of appeal,
rules of procedure and other procedural matters, is clearly a procedural law, i.e.
 

one which prescribes rules and forms of procedure enforcing • the rule to curative statutes is that if the thing omitted or
rights or obtaining redress for their invasion, or those which failed to be done, and which constitutes the defect sought to
refer to rules of procedure by which courts applying laws of  be removed or made harmless, is something which the
all kinds can properly administer justice. legislature might have dispensed with by a previous statute,
• The petiti
petitione
oners
rs sugges
suggestt that
that it is likew
likewise
ise cur
curat
ative
ive or it may do so by a subsequent one
remedial statute, which cures defects and adds to the means • curative
curative statutes are inten
intended
ded to supply defect
defects,s, abridg
abridgee
of enforcing existing obligations.
o bligations. superfluities in existing laws, and curb certai
certain
n evils. They
• As a procedural and curative statute, RA 7975 may validly are designed and inte
intended,
nded, but has failed of expec
expected
ted legal
 be given retroactive effect, there being no impairment of conseq
con sequen
uence
ce by reareason
son of som
somee statut
statutory
ory disabi
disabilit
lity
y or
contractual or vested rights. irregularity in their own action. They make valid that which,
 before the enactment of the statute, wwas
as invalid.
 Martinez v. People
People • Their purpose is to give validity to acts done that would have
• Statut
Statutes
es reg
regula
ulatin
ting
g the pro
proced
cedure
ure of the cou courts
rts will
will be  been invalid under existing laws, as if existing laws have
construed as applicable to actions pending and undermined at  been complied with
the time of their passage.
• Where at the time the action was filed, the Rules of Court: “a  Frivaldo v. COMELEC 
COMELEC 
 petition to be allowed to appeal as pauper shall not be • (rested the definition of curative statutes)
entertained by the appellate court”
• The subse
subsequent
quent amendment thereto deleting the sente sentence
nce • Tolentino
implies that the appellate court is no longer prohibited from o those
hose whiwhich unde undert
rtaake to cure ure er
erro
rors
rs&
&
entertaining petitions to appear as pauper litigants, and may irregularities, thereby validating judicial judicial or
gr
gran
antt the
the peti
petiti
tion
on then
then pend
pendin
ingg ac
acti
tion
on,, so long
long as its
its administrative proceedings, acts of public officers,
requirements are complied with. or pri
privat
vatee deeds
deeds or concontra
tracts
cts whi
whichch otherw
otherwise
ise
would not produce their intended consequences by
Exceptions to the rule reason
reason of some statuto
statutory
ry disab
disabilit
ility
y or fail
failure
ure to
• The rule does not apply where: comply with some technical requirement
o the
the stat
statut
utee it
itse
self
lf exexpre
press
ssly
ly or by nece necessssar
ary
y
implic
imp licati
ation
on prov
provideidess that
that pen
pendin
dingg action
actionss are • Agpalo
excepted from it operation, or where to apply it to o curative statutes are healing acts curing defects and
 pending proceedings would impair vested vested rights addi
adding
ng to the the mean
meanss of enfo
enforc
rcin
ing
g exis
existi
ting
ng
o Courtss may deny the retroact
Court retroactive
ive applica
application
tion of obligations
 procedural laws in the event that to do so would o and
and araree inte
intend
nded
ed to suppl
supply
y defe
defect
ctss ab
abri
ridg
dgee
not be feasible or would work injustice. superfluities in existing laws& curb certain evils
o  Nor may procedural laws be applied retroactively o  by their very nature, curative statutes are
to pend
pendin
ing
g acacti
tion
onss if to do so would
would invo
involv
lvee retroactive and reach back to the past events to
intricate problems of due process or impair the correct errors or irregularities & to render valid &
independence of the courts. effective attempted acts which would be otherwise
ineffective for the purpose the parties intended
Tayag v. CA • Curative statutes are forms of retroactive legislations which
• Issu
Issue:
e: whet
whethe
herr an ac
actition
on for reco
recogn
gnit itio
ion
n file
filed
d by an reach back on past events to correct errors or irregularities &
illegitimate minor after the death of his alleged parent when to render valid & effective attempted acts which would be
Art
Art 285
285 of the
the Ci
Civi
vill Co
Code
de wa
wass stil
stilll in effe
effect
ct and hashas otherwise ineffective for the purpose the parties intended.
remained pending Art 175 of the Family Code took effect  Erectors, Inc. v. NLRC (hahhha for the petitioner)
can still be prosecuted considering that Art 175, which is • Statute: EO 111, amended Art 217 of the Labor Code to
cla
claime
imedd to be pro
proced
cedura
urall in nat
nature
ure and retroa
retroacti
ctive
ve in widen the workers, access to the government for redress of
application,
of the allegeddoes not allow filing of the action after the death
parent. grievances by giving the Regional Directors & the Labor
Arbiters concurrent jurisdiction over cases involving money
• Held
Held:: Th
Thee rul
rulee that
that a stat
statut
utor
ory
y ch
chan
ange
ge in ma matttter
erss of claims
 procedure may affect pending actions and proceedings, • Issue: Amendment created a situation where the jurisdiction
unl
unless
ess the lan
langua
guage
ge of the act exclud
excludes
es them
them from
from itsits of the RDs and LAs overlapped.
operation, is not so pervasive that it may be used to validate • Remedy: RA 6715further amended Art 217 by delineating
or invalidate proceedings taken before it goes into effect, their respective jurisdictions. Under RA 6715, the RD has
since procedure must be governed by the law regulating it at exclusive jurisdiction over cases involving claims, provided:
the time the question of procedure arises especially where o the claim is presented by an employer or person
vested rights maybe prejudiced. employed
empl oyed in domes
domestic
tic or househ
household
old services or
• Accordingly, Art 175 of the Family Code finds no proper household help under the Code.
application to the instant case since it will ineluctably affect o the claimant no longer being employed does not
adversely a right of private respondent and, consequentially, seek reinstatement
of the minor child she represents, both of which have been o the agg
aggreg
regat
atee mon
money
ey cla
claim
im of the emp
employ
loyee
ee or
vested with the filing of the complaint in court. The trial househelper doesn’t exceed P5,000.
court is, therefore, correct in applying the provisions of Art All other cases are within the exclusive jurisdiction of the
28
2855 of thethe Civi
Civill Code
Code and
and in ho hold
ldin
ing
g that
that pr priv
ivat
atee Labor Arbiter.
respondent’s cause of action has not yet prescribed.” • Held: EO 111 & RA 6715 are therefore curative statutes.
• A curative statute is enacted to cure defects in a prior law or
Curative statutes
to validate legal proceedings, instruments or acts of public
• curative remedial statutes are healing acts
authori
authoritie
tiess which
which wou
would ld otherw
otherwise
ise be voi
void
d for want
want of
• they are remedial by curing defects and adding to the means conformity with certain existing legal requirements
of enforcing existing obligations
 

 Adong v. Cheong Seng Gee

• Statutes intended to validate what otherwise void or invalid Tatad v. Garcia Jr.
marriages, being curative, will be given retroactive effect. • Iss
Issue:
ue: Whe
Wherere there
there is doub
doubtt as to whe
whethe
therr gov
govern
ernmen
mentt
agency under the then existing law, has the authority to enter
Santos v. Duata into
intoaa negot
negotia
iate
ted
d cocont
ntra
ract
ct foforr the
the cocons
nstr
truc
ucti
tion
on of a
• Statute
Statute which provides that a contr contract
act shall presumed an governm
gove rnment
ent pro
projec
jectt unde
underr the buibuild-
ld-lea
lease-
se-an
andd tra
transf
nsfer
er
equitable mortgage in any of the cases therein enumerated, scheme
and designed primarily
primarily to curta
curtail
il evils brought about by • He
Held
ld:: The
The subs
subseq
eque
uent
nt enenac
actm
tmen
entt of a st stat
atut
utee whic
whichh
contracts
contracts of sale with right of repurc
repurchase
hase,, is remedial in rec
recogni
ognizes
zes direct
direct neg
negoti
otiati
ation
on of concontra
tracts
cts und
underer such
such
nature & will be applied retroactively to cases arising prior to arrangement is a curative statute.
the effectivity of the statute. • As all doubts and procedural lapses that might have attended
• the negotiated contract have been cured by the subsequent
statute
 Abad v. Phil American
American General Inc.
• Where at the time action is filed in court the latter has no Limitations of rule
 jurisdiction over the subject matter but a subsequent statute • remedial statutes will not be given retroactive effect if to do
clothes it with jurisdiction before the matter is decided. so would impair the obligations of contract or disturb vested
• The statute is in the nature of a curative law with retroactive rights
operation to pending proceedings and cures the defect of lack • only administrative or curative features of the statute as will
of jurisd
jurisdic
ictio
tion
n of the court at the comme
commencencemen
mentt of the not adversely affect existing rights will be given retroactive
action. operation
• the exception to the foregoing limitations of the rule is a
remedial
remed ial or curat
curative
ive statute which is enacenacted
ted as a poli
police
ce
 Legarda v. Masaganda  power measure
• Where
Whe re a curati
curative
ve statut
statutee is ena
enacte
cted
d after
after the cou
court
rt has • Statutes of this type may be given retroactive effect even
rendered judgment, which judgment is naturally void as the though
though they
they imp
impai
airr vested
vested rights
rights or the obl obliga
igatio
tions
ns of
court has at the time no jurisdiction over the subject of the contract, if the legislative intent is to give them retrospective
action, the enactment of the statute conferring jurisdiction to operation
the
the co
cour
urtt doe
doess not vali
valida
date
te the
the voi
voidd judgm
judgmen
entt for
for the
the
legisl
legislat
ature
ure has no powpowerer to mak
makee a judgme
judgment
nt render
rendered
ed •  Rationale: The constitutional restriction against impairment
agains
againstt obl
obliga
igatio
tions
ns of con
contra
tract
ct or vested
vested rig
rights
hts doe
doess not
without jurisdiction of a valid judgment.
 preclude the legislature from enacting statutes
statutes in the exercise
of its police power 
 Frivaldo v. COMELEC 
COMELEC 
• (an example considered curative & remedial as well as one
Police power legislations
which creates new rights & new remedies, generally held to
• as a rule, statutes which are enacted in the exercise of police
e ret
retroa
roacti
ctive
ve in nature
nature-- PD 725
725,, whi
which
ch lib
libera
erali
lizes
zes the
 power to regulate certain activities,
activities, are applica
applicable
ble not only to
 procedure of repatriation)
those activities or transactions coming into being after their
• Held: PD 725 & the re-acquisition of the Filipino citizenship
 passage, but also to those already in exist
existence
ence
 by administrative repatriation pursuant to said decree is
retroactive. •  Rationale: the non-impairment of the obligations of contract
or of vested rights must yield to the legitimate exercise of
 De Castro v. Tan  power, by the legislature, to prescribe regulations to promote
the health, morals, peace, education, good order, safety and
• Held: what has been given retroa
retroactiv
ctivee effec
effectt in  Frivaldo is
general welfare of the people
not only the law itself but also Phil. Citizenship re-acquired
• Any right acquired under a statute or under a contract is
 pursuant to said law to the date of application for
subject to the condition that it may be impaired by the state
repatriation, which meant that his lack of Filipino citizenship in the legit
legitima
imate
te exerci
exercise
se of its polic
policee pow
power,
er, since the
at the time he registered as a voter, one of the qualification is
reservation of the essential attributes of sovereign power is
as a gove
governor
rnor,, or at the tim
timee he filed
filed his certif
certifica
icate
te of
deemed read into every statute or contract as a postulate of
candidacy for governorship, one of the qualification is as a
the legal order 
governor, was cured by the retroactive application of his
repatriation.
Statutes relating to prescription
p rescription
• General
Gener al rule: a stat
statute
ute relating to pres
prescript
cription
ion of acti
action,
on,
 Republic v. Atencio
Atencio
 being procedural in nature, applies to all aactions
ctions filed after iits
ts
• Curative statute: one which confirms, refines and validate the
effectivity. In other words, such a statute is both:
sale or transfer of a public land awarded to a grantee, which
o  prospective in the sense that it applies to causes
a pri
prior
or law prohi
prohibit
bitss its sale withi
within
n a certai
certain
n per
period
iod &
that accrued and will accrue after it took effect, and
otherwise invalid transaction under the old law.
o retroactive in the sense that it applies to causes that
 Municipality of San Narciso, Quezon v. MeMendez 
ndez  accrued before its passage
• Statute: Sec. 442(d) of the Local Government Code of 1991, • Howe
Howevever,
r, a st stat
atut
utee of lilimi
mita
tati
tions
ons wi
will
ll not be givegiven n
 provides that municipal districts organized pursuant to retroactive operation to causes of action that accrued prior to
 presidential issuances
issuances or executive orders & which havehave their its enactment if to do so will remove a bar of limitation
respective sets of elective municipal officials holding at the which
which has become
become comcomple
plete
te or distur
disturb
b existi
existing
ng cl
claim
aimss
tim
timee of the effec
effectiv
tivity
ity of the code sha shall
ll hen
hencef
cefort
orth
h be without allowing a reasonable time to bring actions thereon
considered as a regular municipalitie
municipalitiess
 Nagrampa v. Nagrampa
• Thi
Thiss is a curati
curative
ve statut
statutee as it val
valida
idates
tes the creat
creation
ion of
municipalities by EO which had been held to be an invalid • Statute: Art. 1116 of the Civil Code: “prescription already
usurpation of legislative power. running before the effectivity of this Code shall be governed
 

 by laws previously in force; but if since the time this Code Labor not later than March
March 31, 1975, otherw
otherwise
ise shall be
took effect the entire period herein required for prescription  barred forever.”
should elapse,
elapse, the present Code shall be applapplicabl
icablee even • Held: Provision doesn’t apply to workme
workmen’s
n’s compe
compensati
nsation
on
thoug
thoughh by thethe fo
form
rmer
er laws
laws a long
longer
er peri
period
od mi
migh
ghtt be that accrued before Labor Code took effect, even if claims
required.” were not filed not later than March 31, 1975.
• Held: The provision is retroactive since it applied to a cause •  Rationale:  prescriptive period for claims which accrued
that accrued prior to its effectivity which when filed has
under WCA as amended 10 yrs. which is “a right found on
 prescribed under the new Civil Code even though the period
statute” & hence a vested right, that cannot be impaired by
of prescription prescribed under the old law has not ended at
the retroactive application of the Labor Code.
the time the action is filed in court
• The fact that the legislature has indicated that the statute
relating to prescription should be given retroactive effect will Comparison of Billones and Corales
not warrant giving it if it will impair vested rights
• Statute of limitations prescribing a longer period to file an Billones Corales
action than that specified under the law may not no t be construed
as having retroactive application if it will revive the cause While Court said that such right Court considered the right to
that already prescribed under the old statute for it will impair to bring an action accrued under  prosecute the action
action that accrued
vested rights against whom the cause is asserted. the old law is not vested right, it under the old law as one founded
• Statute which shorten the period of prescription & requires did not say that the right is one
on e on law & a vested right.
that
that ca
caus
uses
es whi
which
ch acaccr
crue
uedd prio
priorr to its
its effe
effect
ctiv
ivit
ity
y be  protected by the due process
 prosecuted or filed not later than a specific date may not be clause of the Constitution.
construed to apply to existing causes which pursuant to the
old law under which they accrued, will not prescribe until a For BOTH cases: In solving how Court construed the statute of
much longer period than that specified in the later enactment to safeguard the right to bring limitations as inapplicable to the
 because the right to bring an action is founded on law which action whose prescriptive period action that accrued before the
has become vested before the passage of the new statute of to institute it has been shortened law took effect.
limitations  by law? (It is generally held that the court
Gave the claimants whose rights has no power to read into the law
Apparently conflicting decisions on prescription have been affected, one year something which the law itself
from the date the law took effect did not provide expressly or
 Billones v. CIR within which to sue their claims. impliedly. Corales case seems to
• Issu
Issue:
e: whet
whethe
herr SeSec.
c. 7A of Co Comm
mmon
on weweal
alth
th Act
Act 144
144,,  be on firmer grounds.
amended by RA 1993, to the effect that “any action to Prescription in criminal and civil cases
enforce an cause (i.e.
(i.e. non payment of wages or overtime • General rule: laws on prescription of actions apply as well to
compensation) under this Act shall be commenced within 3 crimes committed before the enactment as afterwards. There
years after such cause of action accrued, otherwise it shall be is, however, a distinction between a statute of limitations in
fo
fore
reve
verr barr
barred
ed..  Provided, however, that acti
actions
ons alre
already
ady criminal
crimi nal actions and that of limi limitati
tations
ons in civi
civill suits
suits,, as
commenced before the effective day of this Act shall not be regards their construction.
affected by the period herein prescribed. • In CIVIL SUIT- statute is enacted by the legislature as an
• As statute shortened the period of prescription from 6 to 3 impartial
impar tial arbiter
arbiter,, betwe
between
en two conte
contending
nding parties. In the
yrs
yrs.. from the date
date the caus
causee of action
action accru
accrued,
ed, it was construction of such statute, there is no intendment to be
contended that to give retroactive effect would impair vested made in favor of either party. Neither grants right to the
rights since it would operate to preclude the prosecution of other; there is therefore no grantor against whom no ordinary
claims that accrued more than 3 but less than 6 yrs.  presumptions of construction are to be made.
• Held: a statute of limitations is procedural in nature and no • CRIMINAL CASES: the state is the grantor, surrendering by
vested right can attach thereto or arise therefrom. act of grace its right to prosecute or declare that the offense
• When
Wh en the
the lelegi
gisl
slat
atur
uree provi
provide
ded
d that
that “a“act
ctio
ions
ns alre
alread
adyy is no longe
longerr subje
subject
ct of prosec
prosecution
ution after the pres
prescript
criptive
ive
commenced before the effectivity of this Act shall not be  period. Such statutes are not only liberally construed but are
affected by the period herein prescribed,” it intended to apply applied retroactively if favorable to the accused.
the statute to all existing actions filed after the effectivity of
the law. Statutes relating to appeals
• Because the statute shortened the period within which to • The right to appeal from an adverse judgment, other than that
 bring an action & in order to violate the constitutional which
whi ch the ConConsti
stitut
tution
ion gra
grants
nts,, is statut
statutory
ory and may be
mandate, claimants are injuriously affected should have a restricted or taken away
reasonable period of 1 yr. from time new statute took effect • A statute relating to appeals is remedial or procedural in
within which to sue on such claims. nature and applies to pending actions in which no judgment
has yet been promulgated at the time the statute took effect.
Corales v. Employee’s Compensation Commission • Such
Suc h statut
statute,
e, like
like other
other statut
statutes,
es, may not howe
however
ver be
• Samee issue
Sam issue on Bil
Billon
lones
es but Cou
Courtrt arrive
arrived
d at a differ
different
ent construed retroactively so as to impair vested rights. Hence,
conclusion. a statute which eliminates the right to appeal and considers
• Issue: Whether a claim for workmen’s compensation which the judgment rendered in a case final and unappe unappealabl
alable,
e,
accrued under the old Workmen’s Compensation Act (WCA) destroys the right to appeal a decision rendered after the
 but filed under after March 31, 1975 is barred by the statute went into effect, but NOT the right to prosecute an
 provision of the New Labor Code
Code which repealed the WCA. appeal that has been perfected before the passage of the law,
• WCA req requir
uires
es that
that “workm
“workmen’en’ss com
compen
pensat
sation
ion claim
claimss for in the latter case, the right of the appellant to appeal has
accruing prior to the effectivity of this Code shall be filed  become vested under the old law and may not therefore be
with the appropriate regional offices of the Department of impaired.
 

• Stature shorteni
Stature shortening
ng the perio
period
d for taking appeals is to be  A stat
statute
ute punishi
punishing
ng an act which is also a crime under
given prospective effect and may not be applies to pending the RPC provides a penalty as prescribed in the said
 proceedings in which judgment has already been rendered at Code
Code,, such
such st
stat
atut
utee is not
not a spec
specia
iall la
law
w bu
butt an
the time of its enactment except if there’s clear legislative amendment by implication.
intent.
♥ When amendment
amen dment tatakes
kes effec
effectt
 Berliner v. Roberts
Roberts  15 days followi
following
ng its publica
publication
tion in the Officia
Officiall Gaze
Gazette
tte or
• Where a statute shortened the period for taking appeals form newspaper of general circulation, unless a date is specified
thirty days to fifteen days from notice of judgment, an appeal therein after such publication.
taken within thirty days but beyond fifteen days from notice
of judgment promulgated before the statute took effect is ♥ How amendment is construed, generally
deemed seasonably perfected.  Statute and amendment – read as a whole
 Amendm
Amendment ent act is ordinaril
ordinarily
y const
construed
rued as if the original
CHAPTER TEN: Amendment, Revision, Codification and Repeal statute has been repealed and a new independent act in the
amended form had been adopted.
AMENDMENT
 Amended act is regarded as if the statute has been originally
enacted in it amended form.
♥ Power to Amend
 Read in a connection with other sections as if all had been
 The legisl
legislatu
ature
re has the aut
author
hority
ity to ame
amend,
nd, sub
subjec
jectt to enacted in the same statute.
constitutional requirements, any existing law.
 Whe
Where re an ame
amendm
ndment
ent lea
leaves
ves certa
certain
in port
portion
ionss of an act
 Authority to amend is part of the legislative power to enact, unchanged, such portions are continued in force, with the
alter and repeal laws. same meaning and effect they have before the amendment.
 The SC in the exercise of its rule-making power or of its  Where an amendatory act provides that an existing statute
 power to interpret the law, has no authority to amend or shall be amended to read as recited in the amendatory act,
change the law, such authority being the exclusive to the such
such por
portio
tions
ns of the exist
existing
ing la
law
w as are retai
retained
ned eithe
eitherr
legislature. literally or substantially

♥ How amendment
a mendment effected  Estrada v. Caseda
 Ame
Amendmndment
ent – the change
change or mod
modifi
ificat
cation
ion,, by deleti
deletion,
on,
alteration, of a statute which survives in its amended form.  Where a statute which provides that it shall be in force
for a period of four years after its approval, the four
 The amendment of a statute is effected by the enactment of years is to be counted from the date the original statute
an amendatory act modifying or altering some provisions of was approved and not from the date the amendatory act
a statute either expressly or impliedly. was amended.
 Express amendment – done by providing in the amendatory
act that spe
specif
cific
ic sectio
sections
ns or prov
provisi
isions
ons of a statu
statute
te be ♥ Meaning of
o f law change
changed d by amend
amendment
ment
amended as recited therein or as common indicated, “to read  An amended act should be given a construction different
as follows.” from the law prior to its amendment, for its is presumed that
the legislature would not have amended it had not it not
♥ Amendment by implication wanted to change its meaning.
 Every statute should be harmonized with other laws on the  Prior to the introduction of the amendment, the statute had a
same subject, in the absence of a clear inconsistency. different
different meaning which the amen amendment
dment change
changedd in all the
 Legislative intent to amend a prior law on the same subject is  particulars touching which a material change in the language
shown by a statement in the later act that any provision of of the later act exists.
law that is inconsistent therewith is modified accordingly.  Del
Delibe
iberat
ratee select
selection
ion of la
langua
nguage
ge in the ame
amenda
ndator
tory
y act
act
 Impl
Implie
ied
d Am
Amen endm
dmen
ent-
t- when
when a part
part of a prio
priorr stat
statut
utee differ
different
ent from thatthat of the origin
original
al act indic
indicat
ates
es that
that the
embracing the same subject as the later may not be enforced legislature intended a change in the law or in its meaning.
without
witho ut nulli
nullifying
fying the perti
pertinent
nent provisio
provision
n of the latter in
which event, the prior act is deemed amended or modified to Victorias Milling Co. v. SSS 
the extent of repugnancy.  A statutory definition of term containing a general rule
and an exception thereto is amended by eliminating the
Quimpo v. Mendoza exception, the legislative intent is clear that the term
 Where a statute which requires that the annual realty tax should now include the exception within the scope of
on lands or buildings be paid on or before the specified the general rule.
date, subject to penalty of a percentage of the whole
amount of tax inin case of de
delayed
layed payment, is amended  Parras v. Land Registration
Registration Commissions
 by authorizing payment of the tax in four equal  Sec
Sectio
tion
n of a statut
statutee req
requir
uiring
ing the exact
exact pay
paymen
mentt of
installments to become due on or before specified dates.  publication fees in land registration proceedings, except
 The penalty provision of the earlier statute is modified in cases where the value of the land does not exceed
 by implication that the penalty for late payment of an P50,000 is amended by deleting the excepting clause, it
installment under the later law will be collected and me
meananss that
that the
the st
stat
atut
utee as amamen
ende
ded d now
now rerequ
quir
ires
es
computed only on the installment that became due and  payment of the publication fees regardless of the value
unpaid, and not on the whole amount of annual tax as of the land involved
 provided in the old statute.
statute.  Sup
Suppre
pressi
ssion
on of the except
excepting
ing cl
claus
ausee amo
amount
unt to the
 Legislative intent to change the basis is clear when the withdrawal of the exemption allowed under the original
later law allowed payment in four installments. act.

 People v. Macatanda
Macatanda
 

♥ Amendmen t Operates Prosp

Amendment Prospectively
ectively  Jurisdiction over the subject matter is determined by the
 An amendment will not be construed as having a retroactive law in force at the time of the commencement of the
effect, unless the contrary is provided
pr ovided or the legislative intent action; laws should only be applied prospectively unless
to give it a retroactive effect is necessarily implied from the the legislative intent to give them retroactive effect is
language used and only if no vested right is impaired. expressly declared or is necessarily implied from the
language used.

 Imperial v. Collector
Collector of Internal Rev
Revenue
enue ♥ Effect of nullity
nul lity of prio
priorr or amendato
amendatory
ry act
 A statute amending a tax law is silent as to whether it  Where a statute which has been amended is invalid, nothing
operat
ope rates
es ret
retroa
roacti
ctivel
vely,
y, the amend
amendmen
mentt will
will not be in effect has been amended
giving retroactiv
retroactivee effec
effectt so as to subje
subject
ct to tax past  The amendatory act, complete by itself, will be considered as
transactions not subject to tax under the original act. an original or independent act.

 Diu v. Court of Appeals

Appeals Government v. Agoncillo
 Statutes relating to procedure in courts are applicable to  Where the amendatory act is declared unconstitutional,
actions pending and undetermined at the time of their it is as if the amendment did not exist, and the original
 passage. statute before the attempted amend remains unaffected
and in force.
♥ Effect of Amendmen
Amendmentt on Vested R Rights
ights
 After a statute is amended, the original act continues to be in REVISION AND CODIFICATION
force with regard to all rights that had accrued prior to the
amendment or to obligations that were contracted under the ♥ Gene rally
Generall y
 prior act and such rights and obligations will continue to be  Purpose: to restate the existing laws into one statute and
governed by the law before its amendment. simply complicated provisions, and make the laws on the
  Not applied retroactively
retroactively so as to nullify such rights. subject easily found.
♥ Construction
Constru ction to harmonize diffe
different
rent provisi
provisions
ons
♥ Effect of amendment
amen dment on jur
jurisdictio
isdiction
n  Presumption: author has maintained a consisted philosophy
 Jurisdiction of a court to try cases is determined by the law or position.


in force at theremains
Jurisdiction time thewith
action
theiscourt
instituted.
until the case is finally Theread
 be different provisions
provisions
and construed of a r.revised statute or code should
togethe
together.
decided therein.  Rule: a code enacted as a single, comprehensive statute, and
is to be cons
consid
ider
ered
ed as such
such and and not
not as a seri
series
es of
 Rillaroza v. Arciaga
Arciaga disconnected articles or provisions.
 Absence of a clear legislative intent to the contrary, a
subsequent statute amending a prior act with the effect  Lichauco & Co. v. Apostol
Apostol
of dive
divest
stin
ing
g the
the co
cour
urtt of juri
jurisd
sdic
icti
tion
on ma
may
y not
not be  A irrec
irreconcil
oncilable
able conflic
conflictt betwe
between
en parts of a revis
revised
ed
construed to operate but to oust jurisdiction that has statute or a code, that which is best in accord with the
already attached under the prior law. general plan or, in the absence of circumstances upon
which to base a choice, that which is later in physical
 Iburaan v. Labes  position, being the latest expression of legislative will,
 Wh Whereree a cocour
urtt orig
origin
inal
ally
ly obta
obtain
inss an
and
d ex exer
erci
cise
sess will prevail.
 jurisdiction pursuant to an existing law, such
 jurisdiction will not be overturned and impaired by the ♥ What is omitted
o mitted is deemed re
repealed
pealed
subsequ
subs equent
ent ame
amendm
ndment
ent of the law
law,, unless
unless exp
expres
resss  all laws and provisions of the old laws that are omitted in the
 prohibitory words or words of similar import
import are used. rev
revise
ised
d statut
statutee or cod
codee are deemed
deemed rep
repeal
ealed,
ed, unless
unless the
statute or code provides otherwise
 Applies to quasi-judicial bodies  Reason: revision or codification is, by its very nature and
 purpose, intended to be a complete enactment on the subject
 Erectors, Inc v. NLRC and an expression of the whole law thereon, which thereby
 PD 1691 and 1391 vested Labor Arbiters with original indicates
indic ates intent on the part of the legisla
legislature
ture to abroga
abrogate
te
and exclus
exclusive
ive jurisd
jurisdic
ictio
tion
n ove
overr all cases
cases involv
involving
ing those provisions of the old laws that are not reproduced in
employer-employee relations, including money claims the revised statute or code.
arising out of any law or contract involving Filipino  Possible only if the revised statute or code was intended to
workers for overseas employment cover the whole subject to is a complete and perfect system
 Facts: An overseas worker filed a money claim against in itself.
his recruiter, and while the case is pending, EO 797
79 7 was  Rule: a subsequent statute is deemed to repeal a prior law if
en
enac
acte
ted,
d, whic
which h vest
vested
ed POPOEA
EA with
with orig
origin
inal
al an
and
d the former revises the whole subject matter of the former
exclusive jurisdiction over all cases, including money statute.
claims, arising out of law or contract involving Filipino  When both intent and scope clearly evince the idea of a
workers for overseas employment. repeal, then all parts and provision of the prior act that are
 Issue: whether the decision of the labor arbiter in favor omitted from the revised act are deemed repealed.
of the overseas worker was invalid
 Held: the court sustained the validity of the decision and  Mecano v. Commission on Audit 
Audit 
ruled that the labor arbiter still had the authority to  Claim for reimbursement by a government official of
decide the cease because EO 797b did not divest the medica
med icall and hos
hospit
pitali
alizat
zation
ion exp
expens
enses
es purs
pursuan
uantt to
labor arbiter his authority to hear and decide the case Section
Section 699 of the Revis
Revised
ed Administr
Administration
ation Code of
filed by the overseas worker prior to its effectivity. 1917, which authorizes the head of office to case a
rei
reimbu
mburse
rsemen
mentt of pay
paymen
mentt of med
medic
ical
al and hos
hospit
pital
al
 

expenses of a government official in case of sickness or  Partial repeal – leaves the unaffected portions of the statute
inju
injury
ry cacaus
used
ed by or co conne
nnect
cted
ed dire
direct
ctly
ly with
with thethe in force.
 performance of his official duty.  A particular or specific law, identified by its number of title,
 CoA denied the claim on the ground that AC of 1987 is repealed is an express repeal.
which revised the old AC, repealed Sec. 699 because it  All other repeals are implied repeals.
was omitted the revised code.  Failure to add a specific repealing clause indicates that the
 SC ruled that the legislature did not intend, in enacting inte
intent
nt wa
wass not to re repe
peal
al any
any ex exis
isti
ting
ng la
law,
w, unle
unless
ss an
the new Code, to repeal Sec. 699 of the old code. irreconcil
irrec oncilable
able inconsist
inconsistency
ency and repugn
repugnancy
ancy exis
existt in the
 “Al“Alll law
laws,
s, decree
decrees,s, ord
orders
ers,, rul
rules
es and regula
regulatio
tion,
n, or terms of the new and old laws, latter situation falls under the
 portions thereof, inconsistent with this Code are hereby category of an implied repeal.
repealed or modified accordingly.”  Repealed only by the enactment of subsequent laws.
  New code did not expressly repeal the old as the new  The change in the conditio
condition
n and circumst
circumstances
ances after the
Code fails to identify or designate the act to be repealed.  passage of a law which is necessitated the enactment of a
 Two categories of repeal by implication statute to overcome the difficulties brought about by such
 Provisions in the two acts on the same subject matter change does not operate to repeal the prior law, nor make the
that are in irreconcilable conflict
conflict.. later statute so inconsistent with the prior act as to repeal it.
☺ LateLaterr act to the exten
extentt of th
thee conf
conflict
lict const
constitut
itutes
es an
implied repeal of the earlier ♥ Repeal by imp
implication
lication
 If the later act covers the whole subject of the earlier  Where a statute of later date clearly reveals an intention on
one and is clearly intended as a statute, it will operate to the part of the legislature to abrogate a prior act on the
repeal the earlier law. subject, that intention must be given effect.
 There is no irreconcilable conflict between the two codes on  There must be a sufficient revelation of the legislative intent
the matter of sickness benefits because the provision has not to repeal.
 been restated in the New Code.  Intention to repeal must be clear and manifest
 The whereas clause is the intent to cover only those aspects  GeGenenera
rall ru
rule
le:: the
the la
latt
tter
er act
act is to be cons constr
true
ued
d as a
of govern
government
ment that pert
pertain
ain to admin
administra
istration,
tion, organizat
organization
ion continuation not a substitute for the first act so far as the two
and procedure,
procedure, and understan
understandably
dably because of the many acts are the same, from the time of the first enactment.
changes that transpired in the government structure since the  Two categories of repeals by implication

enactment of the old code.  Where provisions in the two acts on the same subject
matter are in an irreconcilable conflict and the later act
♥ Change in phras
phraseology
eology to the extent of the conflict constitutes an implied repeal
 It is a well settled rule that in the revision or codification of of the earlier.
statut
statutes,
es, neithe
neitherr an altera
alteratio
tion
n in phra
phraseo
seolog
logy
y nor the  If the later act covers the whole subject of the earlier
admission or addition of words in the later statute shall be one and is cle clearl
arly
y intend
intended
ed as a substi
substitut
tute,
e, it wil
willl
held necessarily to alter the construction of the former acts. operate similarly as a repeal of the earlier act.
 Wor
Wordsds whi
whichch do not mater
material
ially
ly affec
affectt the sense will be
omitted from the statute as incorporated in the revise statute ♥ Irrecon cilable incon
Irreconcilable inconsistency
sistency
or code, or that some general idea will be expressed in brief  Impli
Implieded repea
repeall brought about by irrec
irreconcil
oncilable
able repugnanc
repugnancyy
 phrases.  between two laws takes place when the two statutes cover
   If there has been a material change or omission, which the same subject matter; they are so clearly inconsistent and
cle
clearl
arly
y indic
indicate
atess an intent
intent to depdepart
art fro
from
m the pre
previo
vious
us incompatible with each other that they cannot be reconciled
construction of the old laws, then such construction as will or harmonized and both cannot be given effect, once cannot
effectuate such intent will be adopted.  be enforced without nullifying
nullifying the other.
 Implied repeal – earlier and later statutes should embrace the
♥ Continuation of existing laws. same subject and have the same object.
 A codification should be construed as the continuation of the  In order to effect a repeal by implication, the later statute
existing statutes. must be so irreconcilably inconsistent and repugnant with the
 The codifiers did not intend to change the law as it formerly existing law that they cannot be made to reconcile and stand
existed. together.
 The rearrangement of sections or parts of a statute, or the  It is necessary before such repeal is deemed to exist that is be
 placing of portions of what formerly was a single section in shown that the statutes or statutory provisions deal with the
seprate sections, does not operate to change the operation, same subject matter and that the latter be inconsistent with
effect of meaning of the statute, unless the changes are of the former.
suc
such
h nature
nature as to manmanife
ifest
st clear
clearly
ly and
and unm
unmist
istaka
akably
bly a  the fact that the terms of an earlier and later provisions of
legislative intent to change the former laws. law differ
differ is not suffic
sufficien
ientt to cre
create
ate repug
repugnan
nance
ce as to
constitute the later an implied repeal of the former.
REPEAL  Agujetas v. Court of Appeals
 Fact that Sec 28 of RA 7166 pertaining to canvassing
♥ Power
Pow er to repeal
re peal  by boards of canvassers is silent as to how the board of
 Power to repeal a law is as complete as the power to enact canvassers shall prepare the certificate of canvass and as
one. to what will be its basis, w/c details are provided in the

The legislature
or limit cannot
its future in andacts.
legislative of itself enact irrepealable laws second
Co de,, paragraph
Code an eaearl ierrof st
rlie Sec231
stat
atute, of“r
ute, the
“res
espeOmnibus
pect
ctiv Election
ivee boa
board
rdss of
canvassers shall prepare a certificate of canvass duly
♥ Repeal, generally signed and affixed with the imprint of the thumb of the
 Repeal: total or partial, express or implied right hand of each member, supported by a statement of
 Total repeal – revoked completely the votes and received by each candidate in each polling
 

 place and on the basis thereof shall proclaim as elected ♦ Rule: a subsequent is deemed to repeal a prior
the candid
candidate
atess who obt
obtain
ained
ed the highes
highestt num
number
ber of law if the former revises the whole subject
vot
votes
es coast
coast in the prov
provinc
inces,
es, city,
city, mun
munici
icipal
pality
ity or matter of the former
for mer statute.
 barangay, and failure to comply with this requirement ☺ When both iintent
ntent and sc
scope
ope cl
clearl
earlyy evi
evince
nce tthe
he ide
ideaa
shall constitute an election offense” of a repeal, then all parts and provisions of the
 Did not impliedly repeal the second paragraph of Sec  prior act that are omitted from the revised act are
231 of OEC and render the failure to comply with the deemed repealed.
requirement no longer an election offense. ☺ Before
Before tther
heree can be an im impli
plied
ed re
repea
peall unde
underr this
ca
cate
tegor
gory,
y, it must
must be the the cl
clea
earr inte
intent
nt of thethe
 Irreconcilable inconsistency between to laws embracing the legislature that later act be the substitute of the
same subject may also exist when the later law nullifies the  prior act.
reason or purpose of the earlier act, so that the latter law ☺ Opini
Opinion
on 73 s.1991 of the Secre
Secretary
tary of Jus
Justice
tice:: what
what
loses all meaning and function. appear
app earss cle
clear
ar is the intent
intent to cov cover
er onl
onlyy those
those
aspects of government that
hat pertain to
Smith, Bell & Co. v. Estate of Maronilla admini
adm inistr
strati
ation,
on, orga
organiz
nizati
ation
on and proc procedu
edure,
re,
 A prior law is impliedly repealed by a later act where understandably because of the many changes that
the reason for the earlier act is beyond peradventure transpired in the government structure since the
removed. enactment of RAC.
☺ Repea
Repealsls of stat
statute
utess by impli
implicat
cation
ion are no
nott favo
favored
red..
 Repeal by implication – based on the cardinal rule that in the Pre
Presum
sumptiption
on is agains
againstt the inconsi
inconsiste
stency
ncy and
science of jurisprudence, two inconsistent laws on the same repugnancy for the legislature is presumed to know
subject cannot co-exist in one jurisdiction. the existing laws on the subject and not to have
 There cannot be two conflicting law on the same subject. enacted inconsistent or conflicting statutes.
Either reconciled or later repeals prior law.
Ty v. Trampe
  Leges posteriores priores contrarias abrogant (a later law  Issue: whether PD 921 on real estate taxes has been
repea
repeals
ls the prior law on the subje
subject
ct whi
which
ch is repugn
repugnant
ant repealed impliedly by RA 7160, otherwise know as the
thereto) Local Government Code of 1991 on the same subject.
 Held: that there has been no implied repeal
 Mecano v. Commission
Commission on Audit   Court: it is clear that the two law are not coextensive
 Issue: whether Sec. 699 of the Revised Administrative
and mutually inclusive in their scope and purpose.
Code has been repealed by the 1987 Administrative
☺ RA 716 71600 cove
coversrs alm
almost
ost al
alll gove
governm
rnment
ental
al func
functio
tions
ns
Code.
delegated to local government units all over the
 1987 Admin
Administra
istration
tion Code provid
provides
es that
that:: “All laws, country.
decree
decrees,
s, orde
orders,
rs, rul
rules
es and regula
regulatio
tions,
ns, or por
portio
tions
ns ☺ PD 921 emb embrac
races
es onl
onlyy Metr
Metropol
opolita
itan
n Manila
Manila Are
Areaa
thereof, inconsistent with this code are hereby repealed and is limited to the administration of financial
or modified accordingly services therein.
 Court ruled that the new Code did not no t repeal Sec 699: ☺ SecSec.9
.9 PD92
PD921 1 requi
requires
res th
that
at th
thee sche
schedul
dulee of valu
values
es
☺ Impl
Implie
ied
d rerepe
peal
al by irre
irreco
conc
ncil
ilab
able
le inco
incons
nsis
iste
tenc
ncy
y of real properties in the Metropolitan Manila Area
takes
takes place
place whe whenn two statut
statutes
es cov
cover
er the sam
samee shall be prepared jointly by the city assessors states
subject matter, they are so clearly inconsistent and that
that the
the scsche
hedul
dules
es shal
shalll be prep preparared
ed by thethe
incompatible with each other that they cannot be  provincial, city and municipal assessors of the
reconc
rec oncile
iled
d or harmon
harmonize
ized,
d, and botbothh cannot
cannot be municipali
munic ipalities
ties withi
withinn Metr
Metropoli
opolitan
tan Mani
Manilala Area
given
given eff
effect
ect,, that
that one law canno
cannott be enf enforc
orced
ed for the different classes of real property situated in
without nullifying the other. thei
theirr reresp
spec
ecti
tive
ve loca
locall gove
governrnme
mentnt units
units fo
forr
☺ Th Thee new Co Codede do
does
es not co
cove
verr not att
attem
empt
pt to the enac
enactmtmen
entt by ordi ordina
nanc
ncee of the the sang
sangguguni
nian
an
cover the entire subject matter of the old Code. concerned.
☺ The
There
re are sesever
veral al ma
matte
tters
rs tre
treate
atedd in the old CCode
ode
that are not found in the new Code. (provisions on  Hagad v. Gozo-Dadole
not
notary
ary pub
public
lic;; lea
leave
ve lawlaw,, pub
public
lic bon
bondin
ding
g law
law,,  Sec.
Sec.19
19 RA 66 6670
70,, the
the OmOmbu
buds
dsma
man n Ac Actt gran
grantsts
military reservations, claims for sickness benefits disciplinary authority to the Ombudsman to discipline
under section 699 and others) el
elec
ecti
tive
ve and
and ap appo
poin
inti
tive
ve offi
offici
cial
als,
s, exexce
cept
pt thos
thosee
☺ CoA fa faile
iled
d to demon
demonstr strate
ate th
that
at the pr
provi
ovisio
sions
ns of impeachable officers, has been repealed, RA 7160, the
the two Codes on the matter of the subject claim Local
Loc al Gov
Govern
ernme
mentnt Cod
Code,e, insofa
insofarr as local
local ele
electi
ctive
ve
are in an irreconcilable conflict. officials in the various officials therein named.
☺ Th
Ther
eree ca
cann no conf
conflilict
ct bec
becauause
se the pro
provi
visi
sion
on on
 Held: both laws should be given effect because there is
sickness benefits of the nature being claimed by
nothing in the Local Government Code to indicate that
 petitioner has not beenbeen restated in old C Code.
ode.
it has repealed, whether expressly or impliedly.
☺ The con
conten
tentio
tion
n isis unte
untenab
nable.
le.
☺ The tw twoo stat
statute
utess on the spe
specif
cific
ic mat
matter
ter in qu
quest
estion
ion
☺ The fafact
ct th
that
at a lalater
ter eenac
nactme
tmentnt ma
mayy rela
relate
te to th
thee
are not so inconsistent, let alone irreconcilable, as
same subject matter as that of an earlier statute is
to compel us to uphold one and strike down the
not of itself sufficient to cause an implied repeal of
other.
the prior act new statute may merely be cumulative
☺ Two Two la laws
ws mus
mustt be inc incom
ompa
pati
tibl
ble,
e, and a cl clea
earr
or a continuation of the old one. finding thereof must surface, before the inference
☺ Seco
Secondnd Cat
Categ
egor
ory:
y: poss
possib
ible
le only if the
the revi
revise
sed
d
of implied repeal may be drawn.
statute or code was intended to cover the whole
sub
subjec
jectt to be a com
comple
plete
te and perfe
perfect
ct sys
system
tem in ☺  Interpretare et concordare leges legibus, est
itself. optimus interpretandi modus, i. e (every statute
must be so construed and harmonized with other
 

statutes as to form uni nifform system of ☺ that

that are om
omitt
itted
ed fro
from
m the re
revis
vised
ed act aare
re dee
deemed
med
 jurisprudence. repealed.
☺ the lelegis
gisla
latur
turee shou
should
ld be pre
presum
sumed ed to hav
havee know
known
n
the existing laws on the subject and not to have  Joaquin v. Navarro
enacted conflicting statutes.  Where a new statute is intended to furnish the exclusive
rule on a certain subject, it repeals by implication the
 Initia, Jr v. CoA old law on the same subject,
 implied repeal will not be decreed unless there is an  Where a new statute covers the whole subject matter of
irreconcilable inconsistency between two provisions or an old law and adds new provisions and makes changes,
laws is RA 7354 in relation to PD 1597. and where such law, whether it be in the form of an
☺ RA 735 73544 – in papart
rt of the
the Post
Postma
mast
ster
er Ge
Gene
nera
rall, amendment or otherwise, is evidently intended to be a
subject to the approval of the Board of Directors of re
revi
visi
sion
on of the
the old
old ac
act,
t, it re
repe
peal
alss the
the old
old ac
actt by
the Philippines Postal Corporation, shall have the implication.
 power to “determine the staffing pattern and the
number
num ber of person
personnel
nel,, defdefine
ine their
their dutie
dutiess and  People v. Almuete
Almuete
re
resp
spon
onsi
sibi
bili
liti
ties
es,, anandd fix fix thei
theirr sala
salari
ries
es an and d  Rev
Revisi
ision
on of the Agr Agricu
icultu
ltural
ral Ten
Tenanc
ancy
y Act by the
emolum
emo lument
entss in accord
accordanc ancee with
with the app approve
roved d Agricultural Land Reform Code.
compensation structure of the Corporation.”  Sec 39 of ATC (RA 1199) “it shall be unlawful for
☺ Sec.Sec.66 PD 1597 – “ ex exem
emptptio
ions
ns notw
notwit iths
hsta
tand
ndining,
g, either the tenant or landlord without mutual consent, to
agencies shall report to the President, through the reap or thresh a portion of the crop at any time previous
Budge
udgett Commi
ommiss ssiion
on,, on thei
theirr po
posi
sittion
ion to the date set, for its threshing.”
classific
classification
ation and compe
compensatinsation
on plans
plans,, polic
policies,
ies,  An act action
ion for violat
violation
ion of this
this pen
penal
al pro
provis
vision
ion is
rat
rates
es and otherother relate
related d det
detail
ailss fol
follow
lowing
ing suc
such h  pending in court, the Agricultural Land Reform Code
spec
specif
ific
icat
atio
ions
ns as ma may y be pr pres
escr
crib
ibed
ed by the the superseded
supers eded the Agric
Agricultur
ultural
al Tenan
Tenancycy Act, abolishe
abolished
d
President.” share tenancy, was not reproduced in the Agricultural
 Issue: whether Sec6 of PD1597, the two laws being Land Reform Code.
reconcilable.  The effect
effect of such
such non
non-re
-reena
enactm
ctment
ent is a rep
repeal
eal of
 While the Philippine Postal Corporation is allowed to Section 39.
fix its own personnel compensation structure through its  It is a rule of legal hermeneutics that an act which
 board of directors, the latter is required to follow follow certain  purports to set out in full all that it intends to contain,
standards in formulating said compensation system, and operates as a repeal of anything omitted which was
the role of DBM is merely to ensure that the action contained in the old act and not included in the act as
ta
take
kenn by the the bo boar
ard
d of dire direct
ctor
orss comp
compli lies
es thethe revised.
requirements of the law.
 A substi
substitut
tutee statut
statute,
e, and eviden
evidently
tly intend
intended
ed as the
substitute for it, operates to repeal the former statute.
Cebu Institute of Technology v. Ople
 Sec. 3(a) PD 451 and Sec. 42 of BP 232 illustrates
repeal by implication. Tung Chin Hui v. Rodriguez 
☺ Sec 3( 3(a)
a) pro
provid
vides:
es: ““no
no inc
increa
rease
se in tui
tuiti
tion
on or othe
otherr
 Issue: whether Sec.18 Rule 41 of the pre-1007 Rules of
school fees or charges shall be approved unless
Court,
Cou rt, whi
which
ch pro
provid
vided
ed the app
appeal
eal in hab
habeas
eas corpus
corpus
60% of the proceproceed
ed is alloca
allocated
ted to increa
increase
se in
ca
case
sess to be ta
take
ken
n wi
with
thin
in 48 hou
hoursrs fr
from
om noti
notice
ce of
salaries or wages of the member of the faculty.”
 judgment, has been replaced by the 1997 Rules of Civil
☺ BP 232 232:: “ea
“each
ch pri
privat
vatee scho
school
ol sha
shall
ll det
determ
ermine
ine iits
ts
Procedure, which provides in Sec. 3 Rule 41 thereof,
rate of tuition and other school fees or charges.
that appeal from judgment or final order shall be taken
The rates or charg
chargeses adopted by school
schoolss pursua
pursuantnt
within 15 days from receipt thereof, in view of the fact
to this
this pro
provis
vision
ion sha
shall
ll be col
colle
lecti
ctible
ble,, and their
their
application or use authorized, subject to rules and that
we
well the
ll-s
-set Sec.
ettled 18
tled ru wasof
rule
le repealed,
st
stat
atut iny accordance
utor
ory co
cons
nstr
truc
ucti with that
tion
on the
th at
re
regu
gula
lati
tion
onss prom
promululga
gate
ted
d by the the MiMininist
stry
ry of
 provisions of an old law that were not reproduced in
Education, Culture and Sports.”
the rev
revisi
ision
on thereo
thereoff cov
coveri
ering
ng the samsamee subje
subject
ct are
 Issue: whether Sec. 42 of BP 232 impliedly repealed deemed repealed and discarded
Sec. 3(a) of PD 451  Held: SC in this case to abrogate those provisions of the
 Hel Held:
d: there
there was imp implie
lied
d repeal
repeal becaus
becausee there
there are old laws that are not reproduced in the revised statute or
irreconcilable differences between the two laws. Code.

♥ Implied repeal
rep eal by revision or codi
codification
fication ♥ Repeal by reenactment
 Revised
Revi sed statute is in effec
effectt a legis
legislat
lative
ive declarat
declaration
ion that  Where a statute is a reenactment of the whole subject in
whatever is embraced in the new statute shall prevail and substitution of the previous laws on the matter, the latter
whatever is excluded there from shall be discarded. disappears entirely and what is omitted in the reenacted law
 Must be intended to cover the whole subject to be a complete is deemed repealed.
and perfect system in itself in order that the prior statutes or
 part thereof which are not repeated in the new statute will be  Parras v. Land Registration
Registration Commission
deemed impliedly repealed.  Where a law amends a specific section of a prior act by
 providing that the same is amended so as to read as
 People v. Benuya
Benuya follows, which then quotes the amended provision, what
 Where a statute is revised or a series of legislative acts is not included in the reenactment is deemed repealed.
on the same subject are revised or consolidated into one,  The new statute is a substitute for the original section
covering the entire field of subject matter, all parts and and all matters in the section that are omitted in the
 provisions of the former act or acts amendment are considered repealed.
 

 Presumption
Presum ption is again
against
st incon
inconsist
sistency
ency or repugn
repugnancy
ancy and,
♥ Other forms of implied repeal accordingly, against implied repeal
 The most powerful implication of repeal is that which arises  Legislature is presumed to know the existing laws on the
when the later of two laws is expressed in the form of a subject and not to have enacted inconsistent or conflicting
universal negative. statutes.
 There is a clear distinction between affirmative and negative  A construction which in effect will repeal a statute altogether
statut
statutes
es in reg
regard
ard to their
their repeal
repealing
ing effect
effectss upon priprior
or should, if possible, be rejected.
legislation.  In case of doubt as to whether a later statute has impliedly
 Affirmative statute does not impliedly repeal the prior repealed a prior law on the same subject, the doubt should be
law unless an intention to effect a repeal is manifest, resolved against implied repeal.
   A negatnegative
ive statute repeals all conflicti
conflicting
ng provis
provisions
ions
unless the contrary intention is disclosed. US v. Palacio
 Legislative intent to repeal is also shown where it enacts  Repeals by implication are not favored, and will not be
something
somet hing in genera
generall term and after
afterwards
wards it passe
passess anoth
another
er decree
decreed d unl
unless
ess it is man
manife
ifest
st that
that the le
legis
gisla
latur
turee so
on the same subject, which though expressed in affirmative intended.
language introduces special conditions or restrictions  As laws are presumed to be passed with deliberation
 The subsequent statute will usually be considered as and with ful fulll kno
knowle
wledge
dge of alalll existi
existing
ng one
oness on the
repealing by implication the former regarding the matter subject
covered by the subsequent act.  It is but reasonable to conclude that in passing a statute
 The express repeal of a provision of law from which an it was not intended to interfere with or abrogate any
executive official derives his authority to enforce another former law relating to some matter 
 provision of the same law operates to repeal by implication  Unless
Unl ess the rep
repugna
ugnancy
ncy betwee
between n the two is not onl only
y
the latter
latter and to dep
depriv
rivee the offic
official
ial of the auth
authori
ority
ty to irr
irreco
econci
ncilab
lable
le,, but also
also cle
clear
ar and con convin
vincin
cing,
g, and
enforce it. flowing necessarily form the language used, the later act
 The enactment of a statute on a subject, whose purpose or ful
fully
ly emb
embrac
races
es the subjec
subjectt mat
matter
ter of the earli
earlier,
er, or
object is diametrically opposed to that of an earlier law on un
unle
less
ss the
the re reas
ason
on foforr the
the earl
earlie
ierr act is beyo
beyond
nd
the same subject which thereby
thereby depri
deprives
ves it of its reaso
reasonn for  peradventure removed.
 being, operates to repeal by implication the prior law, even  Every effort must be used to make all acts stand and if,

though the provisions of both laws are not inconsistent.  by

theany
laterreasonable
act will notconstruction,
operate as a they
repealcan
of be
thereconciled,
earlier.
♥ “All laws or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly,” construed.  NAPOCOR v. Angas
  Nature of repealing clause
clause  Illustrates the application of the principle that repeal or
  Not express repealing clauses because it it fails to identify amendment by implication is not favored.
or designate the act or acts that are intended to be  Issue: whether Central Bank Circular 416 has impliedly
repealed. repealed or amended Art 2209 of the Civil Code
 A clause, which predicates the intended repeal upon the  Held: in answering the issue in the negative, the court
condition that a substantial conflict must be found on ruled that repeals or even amendments by implication
existing and prior acts of the same subject matter. are not favored if two laws can be fairly reconciled. The
 The presumption against implied repeal and the rule on stat
statutes
utes contemplate
contemplate diffe
different
rent situatio
situations
ns and apply to
strictt const
stric constructi
ruction
on regar
regarding
ding impl
implied
ied repea
repeall apply ex different transactions involving loan or forbearance of
 proprio vigore. money, goods or credits, as well as judgments relating
 Legislature is presumed to know the existing law so that to such load or forbearance of money, goods, or credits,
if re
repe
peal
al of part
partic
icul
ular
ar or spspec
ecif
ific
ic law
law or laws laws is the Central Bank Circular applies.
intended, the proper step is to so express it.  In casescases req
requir
uiring
ing the pay
paymen
mentt of indemn
indemniti
ities
es as
da
dama
mage
ges,
s, in conn
connec
ecti
tion
on wiwith
th any
any dedela
lay
y in the the
Valdez v. Tuason  performance of an obligation other than those involving
 “such a clause repeals nothing that would not be equally loan or forbea
forbearance
rance of money, goods or credi credits,
ts, Art
repealed without it. 2209 of the CC applies
 Ei Eith
ther
er with
with or with
without
out it,
it, the
the real
real que
quest
stio
ion
n to be  Courts are slow to hold that one statute has repealed another
determined is whether the new statute is in fundamental  by implication and they will not make such adjudication if
and irreconcilable conflict with the prior statute on the they
they can refr
refrain
ain from doing so, or if theythey can arri
arrive
ve at
subject. an
anot
othe
herr re
resu
sult
lt by any
any cocons
nstr
truc
ucti
tion
on whic
which
h is just
just an
andd
 Significance of the repealing clause: the presence of such reasonable.
general repealing clause in a later statute clearly indicates the  Courts will not enlarge the meaning of one act in order to
legislative intent to repeal all prior inconsistent laws on the decide that is repeals another by implication, nor will they
subject matter whether or not the prior law is a special law. adopt an inte
interpret
rpretation
ation leadin
leadingg to an adjudi
adjudicati
cation
on of repea
repeall
 A later general law will ordinarily not repeal a prior  by implication unless it is inevitable and a clear and explicit
special law on the same subject, as the latter is generally reason thereof can be adduced.
regarded as an exception to the former.
 With such clause contained in the subsequent general ♥ As between two laws, one passed later prevails

law,clause
the the prior specia
special
is a clear l law willintent
legislative be deem
deemeded repea
repealed,
to bring led,that
about as   Leges posteriors priores contrarias abrogant (later statute
repeals prior ones which are not repugnant thereto.)
result.  Applies even if the later act is made to take effect ahead
of the earlier law.
♥ Repeal by implication
im plication n
not
ot favo
favored
red
 

 As between two acts, the one passed later and going into  General law yields to the special law in the specific law in
effect earlier will prevail over one passed earlier and going the specific and particular subject embraced in the latter.
into effect later.  Applies irrespective of the date of passage of the special law.

♥ Application
Applicati on o
off ru
rule
le
 Manila Trading & Supply Co. v. Phil. Labor Union
 an act passed April 16th and in force April 21 st was held Sto. Domingo v. De los Angeles
th
to prevail over an act passed April 9  and in effect July  The court invariably ruled that the special law is not
4th of the same year. impliedly repealed and constitutes an exception to the
 And an act going into effect immediately has been held general law whenever the legislature failed to indicate
to prevail over an act passed before but going into effect in unmistakable terms its intent to repeal or modify the
later.  prior special act.
act.
 Whenever two statutes of different dates and of contrary
tenor are of equal theoretical application to a particular case,
the statute of later date must prevail, being a later expression
of legislative will.  NAPOCOR v. Arca
Arca
 Issue: whether Sec. 2 of Com. Act 120 creating the
 Philippine National Bank v. Cruz   NAPOCOR, a government-owned corporation, and
 As between the order of preference of credit set forth in empowering it “to sell electric power and to fix the rates
Articles 2241 to 2245 of the CC and that of Article 110 and provide for the collection of the charges for any
of the Labor Code, giving first preference to unpaid services
services rendered: Provided,
Provided, the rates of charg
charges
es shall
wages and other monetary
monetary claims of labor, the former not be subject to revision by the Public Service Act has
mustt yield
mus yield to the latt
latter,
er, being the law of the late
laterr  been repealed by RA 2677 amending the Public Service
enactment. Act and granting the Public Service Commission the
 jurisdiction to fix the rate of charges of public utilities
 The later law repeals an earlier one because it is the later
owned or operated by the government or government-
legislative will.
owned corporations.
 Presumption: the lawmakers knew the older law and
 Held: a special law, like Com. Act 120, providing for a
intended to change it.
 particular case or class of cases, is not repealed by a
 In enacting the older law, the legislators could not have subsequent statute, general in its terms, like RA 2677,
known the newer one and could not have intended to
although the general statute are broad enough to include
change what they did not know.
the cases embraced in the special law, in the absence of
 CC: laws are repealed only by subsequent ones, not the
a clear intent to repeal.
r epeal.
other way around.
 There appears no such legislative intent to repeal or
abrogate the provisions of the earlier law.
 David v. COMELEC
 The explana
explanator
toryy note
note to Hou
House
se Bil
Billl 403
40300 the later
 Sec. 1 of RA 6679 provides that the term of barangay
 became RA 2677, it was explicit that the jurisdiction
officials who were to be elected on the second Monday
conferred upon the Republic Service Commission over
of May 1994 is 5 years
the public utilities operated by government-owned or
 The later act RA 7160 Sec 43 (c) states that the term of controlled corporations is to be confined to the fixing of
office of barangay officials who were to be elected also rates of such public services
on the 2nd Monday of May 1994 is 3 years.  The harnessing and then distribution and sale of electric
 There being a clear inconsistency between the two laws,  power to the consuming public, the contingency
the later law fixing the term barangay officials at 3 inte
intend
nded
ed to be me mett by the
the le
lega
gall prov
provis
isio
ion
n und
under
er
years shall prevail. consideration would not exist.

 The authority of the Public Service Commission under

♥ General law does
do es not repeal sp
special
ecial law, genera
generally
lly RA 2677 over the fixing of rate of charges of public
 A general law on a subject does not operate to repeal a prior utilities owned or operated by GOCC’s can only be
special law on the same subject, unless it clearly appears that ex
exer
erci
cise
sed
d wher
wheree the
the char
charte
terr of the
the gov
gover
ernm
nmen
entt
the legislature has intended by the later general act to modify corporation concerned does not contain any provision to
or repeal the earlier special law. the contrary.
 Presumption against implied repeal is stronger when of two
laws, one is special and the other general and this applies  Philippine Railway Co. v. Collec
Collector
tor of Internal Reve
Revenue
nue
even though the terms of the general act are broad enough to  PRC was granted a legislative franchise to operate a
include the matter covered by the special statute. railway line pursuant to Act No. 1497 Sec. 13 which
rea
read:
d: “In con
consid
sidera
eratio
tion
n of the premi
premises
ses and of the
 Generalia specialibus non derogant – a general law does not
operation of this concession or franchise, there shall be
nullify a specific or special law
 paid by the grantee to the Philippine Government,
 The legislature considers and makes provision for all the
annually, xxx an amount equal to one-half of one per
circumstances of the particular case.
centum of the gross earnings of the grantee xxx.”
 Reason
Reas on why a spec
special
ial law preva
prevails
ils over a general la
law:
w: the
 Sec 259 of Internal Revenue Code, as amended by RA
legisl
legislat
ature
ure con
consid
siders
ers and mak makes
es pro
provis
vision
ion for all
all the
39, provides that “there shall be collected in respect to
 circumstances
General of the particular
and special laws are case.
read and construed together, all existi
existing
ng and fut
future
ure fra
franch
nchise
ises,
s, upon the gros
grosss
earnings or receipts from the business covered by the
an
andd that
that re
repu
pugna
gnanc
ncyy betw
betwee
eenn them
them is reco
reconc
ncil
iled
ed by law granting
granting a fra
franch
nchise
ise tax of 5% of such
such taxes,
taxes,
constituting the special law as an exception to the general charges, and percentages as are specified in the special
law. charters of the corporation upon whom suc franchises
 

are conferred, whichever is higher, unless the provisions Valera v. Tuason

hereof preclude the imposition of a higher tax xxx.  A subsequent general law on a subject has repealed or
 Is
Issu
sue:
e: whet
whethe
herr Sect
Sectio
ion
n 259 of thethe Ta
Tax x Co
Code
de has
has amended a prior special act on the same subject by
repealed Section 13 of Act 1497, stand upon a different implication is a question of legislative intent.
footing from general laws.  Intent to repeal may be shown in the act itself the
 Once granted, a charter becomes a private contract and explanatory note to the bill before its passage into law,
cannot be altered nor amended except by consent of all the discussions on the floor of the legislature,
concerned, unless the right to alter or repeal is expressly
reserved.  Intent to repeal the earlier special law where the later general
 Reason: the legislature, in passing a special charter, has ac
actt prov
providides
es that
that al
alll la
laws
ws or part
partss ther
thereo
eoff whic
whichh ar
aree
it
itss at
atte
tent
ntio
ion
n dire
direct
cted
ed to thethe spec
specia
iall fact
factss and
and inconsistent therewith are repealed or modified accordingly
circumstances in the particular case in granting a special  If the intention to repeal the special law is clear, then the rule
charter, for it will not be considered that the legislature, that the special law will be considered as an exception to the
 by adopting a general law containing the provisions general law does not apply; what applies is the rule that the
repugnant to the provisions of the charter, and without special law is deemed impliedly repealed.
any mention of its intention to amend or modify the  A general law cannot be construed to have repealed a special
charter, intended to amend, repeal or modify the special law by mere implication admits of exception.
act.
  The purpose of respecting the tax rates incorporated in City Government of San Pablo v. Reyes
the charters, as shown by the clause.  Sec. 1 PD 551 provides that any provision of law or
local
local ord
ordina
inance
nce to the con contra
trary,
ry, the fra
franch
nchise
ise tax
 LLDA v. CA  payable by all grantees of franchise to generate,
 Issue: which agency of the government, LLDA or the distribute, and sell electric current for light, heat, and
towns
tow ns and mun
munici
icipal
paliti
ities
es com
comprom
promisi
ising
ng the region
region  power shall be 25 of their
their gross receipts.
should exercise jurisdiction over the Laguna Lake and  Sec
Sec.. 137 of the LGC state states:
s: Not
Notwit
withst
hstand
anding
ing any
its environs
environs insofa
insofarr as the issua
issuance
nce of per
permit
mitss for exemption granted by any law or other special law, the
fishery privileges is concerned.  province may impose a tax on business enjoying a
 The LLDA statute specifically provides that the LLDA franchise at a rate not exceeding 50% of 1% of the gross
shall have exclusive jurisdiction to issue permits for the annul receipts.
use of all surface water for any projects in or affecting  Held: the phrase is all-encompassing and clear that the
the said region, including the operation of fish pens. legislatur
legislaturee inten
intended
ded to withd
withdraw
raw all tax exem
exemption
ptionss
 RA 7160 the LGC of 1991 grants the municipalities the enjoyed by franchise holders and this intent is made
exclus
exclusive
ive author
authority
ity to gra grant
nt fisher
fishery
y pri
privil
vilege
egess in more
more mamaninife
fest
st by Se
Sec.c. 193 of the the Co
Code
de,, when
when it
municipal waters.  provides that unless otherwise provided in this code tax
 Held: two laws should be harmonized, and that the LLA exempt
exemption
ionss or incent
incentive
ivess gra
grante
nted
d to or pre presen
sently
tly
stat
statut
ute,
e, bein
being
g a spspec
ecia
iall la
law,
w, mu
mustst be take
taken
n as an enjoyed
enjoy ed by all persons, except local water districts, districts,
exception to RA 7160 a general law, cooperativ
coope ratives,
es, and non-st
non-stock
ock and non-pro
non-profit
fit hospi
hospitals
tals
and educa
educationa
tionall insti
institutio
tutions,
ns, are withdrawn upon the
Garcia v. Pascual  effectivity of the Code.
 Clerks of courts municipal courts shall be appointed by
the municipal judge at the expense of the municipality Gaerlan v. Catubig
and whewhere
re a later
later law was ena
enact
cted
ed pro
provid
viding
ing that  Issue: whether Sec. 12 of RA 170 as amended, the City
employees whose salaries are paid out of the municipal Charter of Dagupan City, which fixed the minimum age
funds shall be appointed by the municipal mayor, the qualification for members of the city council at 23 years
laterr law cannot be said to have repeal
late repealed
ed the prior law has been repealed by Sec.6 of RA 2259
as to vest in the municipal mayor the power to appoint  Held: there was an implied repeal of Sec. 12 of the
municipal cleck of court, as the subsequent law should charter of Dagupan City because
b ecause the legislative intent to
 be construed to comprehend only subordinate officials repeal the charter provision is clear from the fact that
of the municipality and not those of the judiciary. Dagupan City, unlike some cities, is not one of those
cities expressly excluded by the law from its operation
Gordon v. CA and from the circumstance that it provides that all acts
 A city chart
charter
er giving real estate owner a period of one or parts thereof which are inconsistent therewith are
year within which to redeem a property sold by the city repealed.
for nonpayment of realty tax from the date of such  The last statute is so broad in its terms and so clear and
auction sale, being a special law, prevails over a general explicit
expli cit in its words so as to show that it was intended
law granting landowners a period of two years to make to cover the whole subject and therefore to displace the
the redemption.  prior statute.

Sto. Domingo v. Delos Angeles  Bagatsing v. Ramirez

 Th Thee Ci
Civi
vill Se
Serv
rvic
icee law
law on ththee proc
proced
edure
ure for the
the  A charter of a city, which is a special law, may be
suspension or removal of civil service employees does impliedly modified or superseded by a later statute, and
not apply with respect to the suspensi
suspension
on or remov
removal
al of where a statute is controlling, it must be read into the
members of the local police force. charter, notwithstanding any of its particular provisions.
 A subsequent general law similarly applicable to all
♥ When special or general law repeals the other. cities prevails over any conflicting charter provision, for
 There is always a partial repeal where the later act is a the reason that a charter must not be inconsistent with
special law. the general laws and public policy of the state.
 Statute remains supreme in all matters not purely local.
 

 A charter must yield to the constitution and general

laws of the state. ♥ On jurisdiction
juris diction to try crimin
criminal
al case
 Once a jurisdiction to try a criminal case is acquired, that
 jurisdiction remains with the court until the case is finally
 Philippine International Trading Corp v. CoA determined.
 Co CoAA co cont
nten
ende
dedd that
that the
the PITC
PITC chchar
arte
terr had
had been
been  A subsequent statute amending or repealing a prior act under
impliedly repealed by the Sec. 16 RA 6758 which the court acquired jurisdiction over the case with the
 HelHeld:
d: that
that there
there was imp
implie
lied
d repeal
repeal,, the leg
legisl
islati
ative
ve effect of removing the courts’ jurisdiction may not operate to
intent to do so being manifest. oust jurisdiction that has already attached.
 PITC should now be considered as covered by laws
 prescribing a compensation and position classificat
classification
ion ♥ On actions,
action s, pendin
pendingg or other
otherwise
wise
system in the government including RA 6758.  Rule: repeal of a statute defeats all actions and proceedings,
including those, which are still pending, which arose out of
♥ Effects of
o f repeal, g
generally
enerally or are based on said statute.
 Appeal of a statute renders it inoperative as of the date the  The court must conform its decision to the law then existing
repealing act takes effect. and may, therefore, reverse a judgment which was correct
 Repeal is by no means equivalent to a declaration that the when pronounced in the subordinate tribunal, if it appears
repealed statute is invalid from the date of its enactment. that pending appeal a statute which was necessary to support
 The repeal of a law does not undo the consequences of the the judgment of the lower court has been withdrawn by an
operation of the statute while in force, unless such result is absolute repeal.
directed by express language or by necessary implication,
except as it may affect rights which become vested when the ♥ On vested rights
repealed act was in force.  repeal of a statute does not destroy or impair rights that
accrue
accrued d and became
became veste
vested
d unde
underr the statut
statutee before
before it
itss
 Ramos v. Municipality
Municipality of Daet  repeal.
 BP 337 known as the LGC was repealed by RA 7160  The statute should not be construed so as to affect the rights
known as LGC of 1991, which took effect on January 1, which have vested under the old law then in force, or as
1992. re
requ
quir
irin
ing
g the
the ab
abat
atem
emen
entt of ac
acti
tion
onss inst
instit
itut
uted
ed fo
forr th
thee

 Sec. 5 (d) of the new code provides that rights and enforcement of such rights.
obligations existing on the date of the effectivity of the  Ri
Righ
ghts
ts ac
accr
crue
uedd and
and vest
vested
ed whil
whilee a st
stat
atut
utee is in fo
forc
rcee
new code and arisi
arising
ng out of con
contra
tract
ctss or any other ordinarily survive its repeal.
source of prestation involving a local government unit  The con
consti
stitut
tution
ion for
forbid
bidss the state
state from imp impair
airing
ing,, by
shall be governed by the original terms and conditions enactment or repeal of a law, vested rights or the obligations
of said contracts or the law in force at the time such of contract, except in the legitimate exercise of police power.
rights were vested.
 Buyco v. PNB
♥ On jurisdiction,
juris diction, generally  Where a statute gives holders of backpay certificates the
  Neither the repeal nor the explanation
explanation of the law deprives the right to use said certificates to pay their obligations to
court or administrative tribunal of the authority to act on the government financial institutions, the repeal of the law
 pending action and to finally
finally decide it. disall
disallowi
owing
ng such
such pay
paymen
mentt will
will not dep
depriv
rivee hol
holder
derss
 General rule: where a court or tribunal has already acquired thereof
thereof whose rights becom
becomee veste
vestedd under the old law
an
and
d is ex exer
erci
cisi
sing
ng juri
jurisd
sdic
icti
tion
on over
over a cocont
ntro
rove
vers
rsy,
y, its
its of the
the ri
righ
ghtt to use
use the
the cert
certif
ific
icat
ates
es to pay
pay thei
theirr
 jurisdiction to proceed to final determination of the cause is obligations to such financial institutions.
not affected by the new legi legislat
slation
ion repe
repealing
aling the statute
statute
which originally conferred jurisidiction. Un Pak Leung v. Nigorra
 Rule: once the court acquires jurisdiction over a controversy,  A statute gives an appellant the right to appeal from an
it shall continue to exercise such jurisdiction until the final adverse
adver se decision
decision,, the repeal of such statut
statutee after an
determination of the case and it is not affected by subsequent appell
appellant
ant has alr
alread
eadyy perfec
perfected
ted his app
appeal
eal will
will not
legislat
legislation
ion vesti
vesting
ng juris
jurisdict
diction
ion over such proceproceedings
edings in destroy his right to prosecute the appeal not deprive the
another tribunal admits of exceptions. appellate court of the authority to decide the appealed
 Repeal or expiration of a statute under which a court or case.
tribunal
tribunal originall
originallyy acqui
acquired
red jurisdict
jurisdiction
ion to try and decid
decidee a
case,
case, doe
doess not mak
makee its decisi
decision
on subs
subsequ
equent
ently
ly render
rendereded  Republic v. Migrino
thereon null and void for want of authority, unless otherwise  IssIssue:
ue: whe
whethe
therr pro
prosec
secuti
ution
on for une
unexpl
xplain
ained
ed we
wealt
alth
h
 provided. under RA 1379 has already prescribed.
 In the absence of a legislative intent to the contrary, the  Held: “in his plea pleadings
dings,, priva
private
te respon
respondent
dent contends
expiration or repeal of a statute does not render legal what, that he may no longer be prosecuted because of the
under the old law, is an illegal transaction, so as to deprive  prescription.
the court or tribunal the court or tribunal of the authority to  It must be pointed out that Sec. 2 RA 1379 should be
act on a case involving such illegal transaction. deemed amended or repealed by Art. XI, Sec. 15 of the
 Where a law declares certai certain
n impor
importati
tations
ons to be illegal,
illegal, 1987 Constitution.
sub
subjec
jectt to for
forfei
feitur
turee by the Com Commismissio
sioner
ner of CusCustom
tomss
 pursuant to what the latter initiated forfeiture proceedings, ♥ On contrac
con tracts
ts
the
the ex
expipira
rati
tion
on of thethe law
law duri
during
ng the
the pend
penden
ency
cy of the the  Where a contract is entered into by the parties on the basis of
 proceedings does not divest the Commissioner
Commissioner of Customs of the law then obtaining, the repeal or amendment of said law
the jurisdiction to continue to resolve the case, nor does it will not affect the terms of the contract nor impair the right
have the effect of making the illegal importation legal or of of the parties thereunder.
 setting aside the decision of the commissioner on the matter.

♥ Effect of repeal of tax laws abolishing all municipal offices then existing under the old
 RulRulee favori
favoring
ng a pros
prospec
pectiv
tivee con
constr
struct
uction
ion of statut
statutes
es is muni
munici
cipa
pali
lity
ty offi
office
cess then
then the
the ex
exis
isti
ting
ng unde
underr thethe old
old
applicable to statutes which repeal tax laws. municipality, save those excepted in the charter itself.
 Such statute is not made retroactive, a tax assessed before the
repeal is collectible afterwards according to the law in force ♥ Repeal or nullity
null ity of repealin
repealingg law, effect of
when the assessment or levy was made.  When a law which expressly repeals a prior law is itself
repealed,
repea led, the law first repea
repealed
led shall not thereby revived
♥ Effect of repeal and reenactment unless expressly so provided
 Simultaneous repeal and reenactment of a statute does not  Where a repealing statute is declared unconstitutional, it will
affect the rights and liabilities which have accrued under the have no effect of repealing the former statute, the former or
original statute, since the reenactment neutralizes the repeal old statute continues to remain in force.
and continues the law in force without interruption.
 The repeal of a penal law, under which a person is charged CHAPTER ELEVEN: Constitutional Construction
with violation thereof and its simulsimultane
taneous
ous reena
reenactme
ctment
nt
 penalizing the same act done by him under the old law, will Constitution defined
not preclude the accused’s prosecution, nor deprive the court • fundamental law which sets up a form of government and
of the jurisdiction to try and convict him. define
definess and delimi
delimits
ts the pow
powers
ers there
thereof
of and those of its
off
offic
icer
ers,
s, re
rese
servi
rving
ng to the
the peop
people
le them
themse
selv
lves
es plen
plenar
ary
y
 People v. Almuete
Almuete sovereignty
 Whe
Wherere the reena
reenactm
ctment
ent of the repe
repeale
aled
d law is not • written charter enacted and adopted by the people by which a
simultaneous such that the continuity of the obligation government for them is established
and the sanction for its violation form the repealed law •  permanent in nature thus it does not only apply to existing
to the reenacted law is broken, the repeal carries with it conditions but also to future needs
the deprivat
deprivation
ion of the court of its autho
authorit
rity
y to try,
try, •  basically it is the fundamental laws for the governance and
convict, and sentence the person charged with violation administration of a nation
of the old law to its repeal. • absolute and unalterable except by amendments
• all other laws are expected to conform to it
♥ Effect of
o f repeal of pen
penal
al laws

 Where
exists,
exist the repeal
s, prosecuti on isofabsolute,
prosecution socharged
the person that theunder
crimethenoold
longer
law Origin and history of the Philippine Constitutions
• 1935 Constitution
cannot be had and the action should be b e dismissed.
 Where the repeal of a penal law is total and absolute and the  People v. Linsangan
Linsangan   – explained as to how this Constitution came
act which was penalized by a prior law ceases to be criminal about:
under the new law, the previous offense is obliterated. • Tydings-Mc
Tyding s-Mcduffie
duffie Law- allow
allowed
ed the Filipinos to adopt a
 That a total repeal deprives the courts of jurisdiction to try, constitutions but subject to the conditions prescribed in the
convict, and sentence, persons, charged with violations of the Act.
old law prior to the repeal. o Required 3 steps:
 Repeal of a statute which provides an indispensable element  drafting and approval of the cconstitution
onstitution
in the commission of a crime as defined in the RPC likewise must be authorized
operates to deprive the court of the authority to decide the  it must be certified by the President of
case, rule rests on the same principle as that concerning the the US
effect of a repeal of a penal law without qualification.
qu alification.  it must be ratified by the people of the
 Reason: the repeal of a penal law without disqualification is Philippines at a plebiscite
a legislative act of rendering legal what is previously decreed • 1973 Constitution
as illegal, so that the person who committed it is as if he o adopted in response to popular clamor to meat the
never committed an offence  problems of the country
 Exception: o March 16, 1967: Congress passed Resolution No.2,
 whewherere the
the re
repe
peal
alin
ingg ac
actt reen
reenac
acts
ts the
the stat
statut
utee an
and
d which was amended by Resolution No. 4, calling a
 penalizes the same act previously penalized under the conve
conventntio
ion
n to prop
propos
osee am
amen
endm
dmenents
ts to the
the
repealed
repea led law, the act committe
committed d before reenac
reenactment
tment Constitution
contin
con tinues
ues to be a crime
crime,, and pendi
pendingng cases
cases are not • 1987 Constitution
thereby affected. o after EDSA Revolution
 WheWhere re the repeal
repealing
ing act con
contai
tains
ns a saving
saving cla
clause
use o also known as the 1987 Charter 
 providing that pending actions shall not be affected, the Primary purpose of constitutional construction
latter will continue to be prosecuted in accordance with
•  primary task of constitutional construction is to ascertain the
the old law.
intent
intent or purp
purpose
ose of the frame
framers
rs of the const
constitu
itutio
tion
n as
expressed in its language
♥ Distincti on as to effect of rep
Distinction repeal
eal and expir
expiration
ation of law
•  purpose of our Constitution: to protect and enhance the
 In absolute repeal, the crime is obliterated and the stigma of  people’s interests
conviction of an accused for violation of the penal law before
its repeal is erased. Constitution construed as enduring for ages
• Constitution is not merely for a few years but it also needs to
♥ Effect of repeal of mmunicipal
unicipal ch
charter
arter endure through a long lapse of ages
 The repeal of a charter destroys all offices under it, and puts
• WHY? Because it governs the life of the people not only at
an end to the functions of the incumbents.
 The conversation of a municipality into a city by the passage
the time of its framing but far into the indefinite future
of a charte
charterr or a statut
statutee to that effect
effect has the effect
effect of • it must be adaptable to various crisis of human affairs but it
 must also be solid permanent and substantial

• Its stability protects the rights, liberty, and property of the

 people (rich or poor) • words which have acquired a technical meaning before they
• It must be construed as a dynamic process intended to stand are used in the constitution must be taken in that sense when
for a great length of time to be progressive and not static such words as thus used are construed
• What it is NOT:
o It sh
shoul
ould
d NONOT T ch
chan
ange
ge with
with em
emer
erge
genc
ncie
iess or Aids to construction, generally
conditions • apart from its language courts may refer to the following in
o It should NOT be inflexible construing the constitution:
o It should NOT be interpreted narrowly o history
• Words employed should not be construed to yield fixed and o  proceedings of the convention
convention
rigid answers because its meaning is applied to meet new or o  prior laws and judicial
judicial decisions
changed conditions as they arise o contemporaneous constructions
• Courts should construe the constitution so that it would be o consequences of alternative interpret-tations
consistent with reason, justice and the public interest • these aids are called extraneous aids because though their
effect is not in precise rules their influence describes the
How language of constitution construed
essentials of the process (remember preamble?  ganito lang
•  primary source in order to ascertain the constitution is the din yun)
LANGUAGE itself 
• The words that are used are broad because it aims to cover
all contingencies
• Words
Wor ds mus
mustt be unde
underst
rstood
ood in their
their com
common
mon or ord
ordina
inary
ry
meaning except when technical terms are employee Realities existing at time of adoption; object to be accomplished
o WHY? Because the fundamental law if essentially • History basically helps in making one understand as to how
a document of the people and why certain laws were incorporated into the constitution.
• Do not const
construe
rue the con
consti
stitut
tution
ion in suc
such
h a way that its • In construing constitutional law, the history must be taken
meaning would change into consideration because there are certain considerations
• What if the words used have both general and restricted rooted in the historical background of the environment at the
meaning? time of its adoption (Legaspi v. Minister of Finance)
• Rule: general prevails over the restricted unless the contrary
is indicated.  Aquino v. COMELEC 
• Issue: what does the term “incumbent president in sec. 3 of
Ordillo v. COMELEC  Article 17 of the 1973 Constitution refer to?
• Issue: whether the sole province of Ifugao can be validly • Held: History
History shows that at that time the term of Presi
President
dent
constitut
constituted
ed in the Cordi
Cordiller
lleraa Autono
Autonomous
mous Region under Marcos was to terminate on December 30, 1973, the new
Section 15, Article 10 constitution was approved on November 30, 1972 still during
• Held: No. the keywords provinces, cities, municipalities and his incumbency and as being the only incumbent president at
geographical areas connotes that a region consists of more the
the ti
time
me of thethe appr
approv
oval
al it just
just me
meananss that
that the
the te
term
rm
than one unit. In its ordinary sense region means two or more incumbent president refers to Mr. Marcos
 provinces, thus Ifugao cannot be constituted the Cordillera • Justice Antonio concurring opinion states: the only rational
Autonomous Region way to ascert
ascertain
ain the mea
meanin
ning
g and inte
intent
nt is to rea
read
d its
language in connection with the known conditions of affairs
 Marcos v. Chief of Staff  out of which the occasion for its adoption had arisen and
• Issues: then construe it.
o the meaning or scope of the words any court in
 In re Bermudez 
o
Section
Who are17 Article under
included 17 of the
the1935
termsConstitution
inferior court in • incumbent president referred to in section 5 of Article 18 of
section 2 Article 7 the 1987 constitution refers to incumbent President Aquino
• Held: Section 17 of Article 17 prohibits any members of the and VP Doy Laurel
Congress from appearing as counsel in any criminal case x x
x. This is not limited to civil but also to a military court or Civil Liberties Union v. Executive Secretary
court martial since the latter is also a court of law and justice • issue: whether EO 284, which authorizes a cabinet member,
as is any civil tribunal. undersecretary and assistant secretary to hold not more than
• Inferior courts are meant to be construed in its restricted two positions in the government and GOCCs and to receive
sense
sense and accordi
accordingl
nglyy do not includ
includee cou
courtrt mar
martia
tials
ls or corresponding compensation therefore, violates Sec. 13, Art.
military courts for they are agencies of executive character 7 of the 1987 Constitution
and do not belong to the judicial branch unlike the term • court examined the history of the times, the conditions under
inferior court is. which the constitutional provisions was framed and its object
• held: before the adopti
adoptionon of the constitut
constitutional
ional provisi
provision,
on,
• Another RULE: words used in one part are to receive the “there
“there wawass a prol
prolife
iferat
ration
ion of new
newly-
ly-cre
create
ated
d agenci
agencies,
es,
samee interp
sam interpret
retati
ation
on whe
when n use
used
d in other
other parts
parts unless
unless the instru
instrumen
mental
taliti
ities
es and GOC
GOCCs Cs cre
create
ated
d by PDs and otherother
contrary is applied/specified. modes of presi
presidenti
dential
al issua
issuances
nces where Cabinet members,
their deputies or assistants were designated to head or sit as
 Lozada v COMELEC  member
mem berss of the boa
board
rd with
with the corres
correspond
pondinging sal
salari
aries
es,,
• the term “Batas
“Batasang
ang Pamba
Pambansa,”
nsa,” which mean
meanss the regular emoluments, per diems, allowances and other prerequisites
nat
nation
ional
al assemb
assemblyly,, foun
foundd in man
many y sectio
sections
ns of the 197
1973
3 of office
Constitution refers to the regular, not to the interim Batasang • si
sinc
ncee the
the ev
evid
iden
entt purp
purpos
osee of the
the frfram
amer
erss of thethe 1987
1987
Pambansa Consti
Con stitut
tution
ion is to imp
impose
ose a stric
stricter
ter proh
prohibi
ibitio
tion
n on the
 

President,
President, Vice Presi
President,
dent, members of the Cabin
Cabinet,
et, their
deputies and assi
deputies assistant
stantss with respect to holdi
holding
ng multi
multiple
ple Previous laws and judicial rulings
govern
gov ernmen
mentt off
office
icess or emp
employ
loymen
mentt in the Gov
Govern
ernmen
mentt • fra
framer
merss of the const
constitu
itutio
tion
n is pre
presum
sumed
ed to be awa
aware
re of
during their tenure, the exception to this prohibition must be  prevailing judicial doctrines concerning the subject of
read with equal severity co
cons
nsti
titu
tuti
tiona
onall pro
provi
visi
sion
ons.
s. TH
THUSUS when
when co
cour
urts
ts ad
adop
optt
• on its face, the language of Sec 13 Art. 7 is prohibitory so  principles different from prior decisions it is presumed that
that it must be understood as intended to be a positive and they did so to overrule
ov errule said principle
unequivocal negation of the privilege of holding multiple
government offices or employment Changes in phraseology
• Before a constitution is ratified it undergoes a lot of revisions
Proceedings of the convention and changes in phraseology (ex. deletion of words) and these
• RULE: If the language of the constitutional provision is plain change
changess may be inquir
inquired
ed into
into to ascert
ascertain
ain the inten
intentt or
it is not necessary to resort to extrinsic aids  purpose of the provision as approved
• EXCEPTION: when the intent of the framer doesn’t appear • HOWEVE
HOW EVERR mer
meree deleti
deletion,
on, as neg negat
ative
ive guides
guides,, cannot
cannot
in the text or it has more than one construction.  prevail over the positive provisions nor is it determinative of
• Int
Intent
ent of a con consti
stitut
tution
ional
al con
conven
ventio
tion
n mem
member
ber doe
doesn’
sn’tt any conclusion.
necessarily mean it is also the people’s intent • Certai
Cer tain
n pro
provis
vision
ionss in our conconsti
stitut
tution
ion (fr
(from
om 193
19355 to the
• The proceedings of the convention are usually inquired into  present) are mere reenactments of prior constitutions thus
 because it sheds light into what the framers of the these changes may indicate an intent to modify or change the
constitution had in mind at that time. (refers to the debates, meaning of the old provisions.
inte
interpr
rpret
etat
atio
ions
ns an andd opin
opinio
ions
ns co conc
ncer
erni
ning
ng part
partic
icul
ular
ar
 provisions) Galman v. Pamaran
• the phrase” no person shall be x x x compelled in a criminal
 Luz Farms v. Secretary
Secretary of DAR case be a witness against himself” is changed in such a way
• Whether the term “agriculture” as used in the Constitution the words criminal cases had been deleted simply means that
embraces raising livestock, poultry and swine it is not limited to criminal cases only.
• Tr
Tran
ansc
scri
ript
pt of the
the deli
delibe
bera
rati
tion
onss of the
the Co
Cons
nsti
titu
tuti
tion
onal
al
Commission of 1986 on the meaning of “agriculture” clearly Consequences of alternative constructions
• consequences that may follow from alternative construction
shows that ittowas
Constitution neverlivestock
include the intention of the framers
and poultry industry of
in the
the of doubtful constitutional provisions constitute an important
coverage
cover age of the const
constituti
itutionall
onally-man
y-mandate
dated
d agrari
agrarian
an reform factor to consider in construing them.
 program of the Government • if a prov
provis
isio
ion
n has
has more
more than
than one
one inte
interp
rpre
reta
tati
tion
on,, that
that
• Agricultural lands do not include commercial industrial, and constr
con struct
uction
ion whi
which
ch wou
would
ld le
lead
ad to absurd,
absurd, imp
imposs
ossibl
iblee or
residential lands mischievous consequences must be rejected.
• Held: it is evide
evident
nt in the foregoin
foregoing
g discussio
discussionn that Sec 2 of • e.g. directory and mandatory interpretation: Art. 8 Sec 15(1)
RA 6657 which includes “private agricultural lands devoted requires judges to render decision within specific periods
to commercial livestock, poultry and swine raising” in the from date of submission for decision of cases (construed as
definition of “commercial farms” is INVALID, to the extent directory because if otherwise it will cause greater injury to
of the aforecited agro-industrial activities are made to be the public)
covered by the agrarian reform program of the State
Constitution construed as a whole
 Montejo v. COMELEC 
COMELEC  •  provision should not be construed separately from the rest it
• Whethe
Whe therr the COME
COMELECLEC has the power to transf transfer,
er, by should be interpreted as a whole and be harmonized with
re
reso
solu
luti
tion
on,, one
one or moremore muni
municicipa
pali
liti
ties
es from
from on onee conflicting provisions so as to give them all force and effect.
congressional district to another district within a province, • sections in the constitution with a particular subject should
 pursuant to Sec 2 of the Ordinance appended to the 1987  be interpreted together to effectuate the whole purpose of the
Constitution Constitution.
• The Court relied on the proceedings of the Constitutional
Commission on “minor adjustments” which refers only to Tolentino v. Secretary of Finance
the instance where a municipality which has been forgotten • VAT Law, passage of bill
(ano ba ‘to…kinalimutan ang municipality) is included in the • involved are article 6 Sec. 24 and RA 7716
77 16 (VAT Law)
enumeration of the composition of the congressional district • conten
con tentio
tion
n of the petiti
petitione
oner:
r: RA 771
77166 did not ori
origin
ginate
ate
and not to the transfer of one municipality from one district exclusively from the HOR as required by the Constitution
to another, which has been considered a substantive or major  because it is the result of the consolidation of two distinct
adjustment  bills.
• Court:
Cou rt: rejec
rejected
ted such
such interp
interpret
retati
ation.
on. (gu
(guys
ys ala
alam
m niyo
niyo na
Contemporaneous construction and writings
naman to, that it should originate from HOR but it could still
• may be used to resolve but not to create ambiguities
Senate) 
 be modified by the Senate)
• In const
construing
ruing stat
statutes,
utes, conte
contempora
mporaneous
neous const
constructi
ruction
on are
ent
entitl
itled
ed to gregreat
at wei
weight
ght howeve
howeverr whe
whenn it com
comeses to the
consti
con stitut
tution
ion it has no wei weight
ght and will
will not be allowe
allowedd to
change in any way its meaning.
• Writings
Writ ings of dele
delegates
gates – has persuasi
persuasive
ve force but it depend
dependss Mandatory or directory
• RULE:
RUL E: con
consti
stitut
tution
ional
al pro
provis
vision
ionss are to be conconstr
strued
ued as
on two things:
mandatory unless a different intention is manifested.
o if opinions are based on fact known to them and
• Why? Because in a constitution, the sovereign itself speaks
not established it is immaterial
and is laying down rules
ru les which for the time being at least are
o on legal hermeneutics, their conclusions may not
to control alike the government and the governed.
  be a shade better
better in the eyes of the llaw.
aw.

• failure of the legislature to enact the necessary required by

the constitution does not make the legislature is illegal.

Prospective or retroactive
• RULE: constitution operates prospectively only unless the
words employed are clear that it applies retroactively

 Magtoto v. Manguera
• Sec 20 of Article IV of the 1973 Constitution: “no person
shall be compelled to be a witness against himself. x x x Any
confes
confessio
sion
n obt
obtai
ained
ned in violat
violation
ion of this
this sectio
section
n sha
shall
ll be
inadmissible in evidence”
• Court held that this specific portion of the mandate should be
given a prospective application

Co v. Electric Tribunal 
• Sec. 1(3) Art. 4 of the 1987 Constitution states that those
 born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority” are
citizens of the Philippines has a retroactive effect as shown
to the clear intent of the framers through the language used

Applicability of rules of statutory construction

• Doctrines used in Sarmiento v. Mison is
Doctrines Mison is a good example in
whic
whichh the
the SC apappl
plie
iedd a num
numbe
berr of rule
ruless of stat
statut
utory
ory
construction.
• Issue: whether or not the appointment of a Commissioner of
Customs is subject to confirmation by the Commission on
appointments

Generally, constitutional provisions are self-executing

• RULE:: const
RULE constitut
itutional
ional provisions are self exec
executing
uting exce
except
pt
when provisions themselves expressly require legislations to
implement them.
• SELF EXECUTING
EXECUTING PROVI PROVISIONS
SIONS-- provis
provisions
ions which are
complete by themselves and becomes operative without the
aid of supplementary legislation.
• Just because legislation may supplement and add or prescribe
a penalty does not render such provision ineffective in the
absence of such legislation.
• In case of Doubt? Construe such provision as self executing
rather than non-self executing.

 Manila Prince Hotel

Hotel v. GSIS 
• Issu
Issue:
e: w/n
w/n thethe sale
sale at pub
publi
licc bidd
biddin
ing
g of the
the ma
majo
jori
rity
ty
ownership of the Manila Hotel a qualified entity can match
the winning bid of a foreigner 
• Held:
Hel d: resolu
resolutio
tion
n dep
depend
endss on whe whethe
therr the issue
issue is self
self
executing or not. The court ruled that the qualified Filipino
entity must be given preference by granting it the option to
ma
matc
tch
h the
the winni
winning
ng bid
bid beca
becaus usee the
the provi
provisi
sion
on is self
self
executing.

- The End -

“That in all things, GOD may be glorified”