CHAPTER 1: STATUTES  Sangguniang barangay, sangguniang bayan, sangguniang panlungsod and

A. IN GENERAL sangguniang panlalawigan have also legislative powers within their jurisdiction,
LAWS, GENERALLY to enact ordinances.
Law in its jural and generic sense refers to the whole body or system of law, in  Ordinances are inferior in status and subordinate to the laws of the state
its jural and concrete sense, it means a rule of conduct formulated and made obligatory (Primicias v. Municipality of Urdaneta).
by legitimate power of the state  An admin./exec. Officer, in the exercise of a duly delegated power, can likewise
It includes: statutes, presidential decrees, executive orders, other presidential issuances, issue rules and regulations to implement a specific law, and such rules and
rulings of the Supreme Court construing the law, rules and regulations, and ordinances regulations have the force and effect of law.

STATES, GENERALLY
A statute is an act of the legislature as an organized body, expressed in the form,
and passed according to the procedure, required to constitute it as part of the law of the
land. Includes those passed by the: Phil. Commission, Phil. Legislature, Batasang
Pambansa, Congress of the Phil.
Private Statutes- applies only to a specific person/subject
Public Statutes-affects the public at large
1. General law- applies to the whole state upon all the people or all of a class
(People v. Palma)
2. Special law- relates to particular persons or things of a class or to a
particular community, individual or thing
3. Local law – operation is confined to a specific place or locality e.g.
municipal ordinance

PERMANENT AND TEMPORARY STATUTES

Permanent- operation is not limited in duration but continues until repealed
Temporary- duration is for a limited period of time fixed in the statute itself, ceases upon In our system of government:
the happening of an event  Legislative power is vested in the Congress of the Philippines – the Senate and
the House of the Representatives
OTHER CLASSES OF STATUTES  Executive power is vested in the President of the Republic of the Philippines
Application: prospective, retroactive (Art. VII, Sec.1, Phil. Const.)
Operation: declaratory, curative, mandatory, directory, substantive, remedial, penal  Judicial power is vested in one Supreme Court and in such lower courts as may
Forms: affirmative, negative be established by law. (Art VIII, Sec. 1, Phil. Const.)
Legislative – makes the law
MANNER OF REFERRING TO STATUTES Executive - executes the law
Phil. Commission/Phil. Legislature (1901-1935) – Public Act Judicial – interprets the law
Commonwealth (1936-1946) – Commonwealth Acts
Congress of the Phil. (1946-1972 and 1987 onwards) – Republic Acts
Batasang Pambansa (1973-1986) – Batas Pambansa

B. ENACTMENT OF STATUTES
LEGISLATIVE POWER, GENERALLY
Leg. Power — power to make, alter and repeal laws.

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CONGRESS’ LEGISLATIVE POWER
Sec 1 Art 6 of the Constitution: Legislative power is vested in the Congress consisting of No Limit to Bills A Member Can Introduce
Senate & HOR. No matter where a legislative proposal originates, it can be introduced only by a member
The essential feature of the legislative function is the determination of the legislative of Congress. In the Senate, a member may introduce any of several types of bills and
policy and its formulation and promulgation as a defined and binding rule of conduct. resolutions by filing it with the Office of the Secretary.
The legislative power is plenary.
HOR Senate There is no limit to the number of bills a member may introduce. House and Senate bills
What bills to file Revenue, tariff, tax, may have joint sponsorship and carry several members' names.
requires authorization to
increase public debt, Major legislation— is often introduced in both houses in the form of companion
private bills, bills of local (identical) bills, the purpose of which is to speed up the legislative process by
application encouraging both chambers to consider the measure simultaneously.
Why Come from districts, more Elected at large, more Sponsors of companion bills— may also hope to dramatize the importance or urgency of
sensitive to local needs and national approach the issue and show broad support for the legislation.
problems
1. First Reading number and title of the bill is read. The bill is then sent to the proper
SELF-EXECUTING POLICIES Committee for study and recommendation.
General Rule: Sec1-28 of Art 2 Declaration of State Principles and Policies are not self- a. If it dies, it dies. If not approved, it goes to archives.
executing. They require enabling laws to enact them. 2. Second Reading bill is read in full, with the amendments proposed by the
Committee. The bill is then subject to debates and amendments. After any
PROCEDURAL REQUIREMENTS, GENERALLY amendments, the bill is voted upon.
Apart from the basic constitutional requirements, congress provides in detail, embodied in 3. Third Reading If the bill is approved after the second reading, it goes to third
the Rules of both Houses of Congress, the procedure by which a bill may be enacted into reading. It is approved by either of the houses In the third reading, the bill is again
law. voted upon with yeas and nays.
 Bill can only be enacted into law if it follows the procedure prescribed by  On this last reading NO AMMENDMENTS ARE ALLOWED anymore
Congress.  Votes (yea/nay) takes place immediately after.
Is a law unconstitutional if it violates internal rules of procedure in House?  Yea/nays are entered in the journal.
No. It’s only unconstitutional if it’s in violation of a constitutional provision. Courts have More or less, a bill has a 3-year lifespan
no power to inquire into allegations that a House of congress failed to comply with their A bill can only be approved by the House if it’s passed 3 readings.
own rules. Exception: When the President certifies immediate enactment to meet a public calamity
 Rules of the house can be revoked, modified, and disregarded. Failure to or emergency. Can dispense requirement of:
conform will not invalidate action if the required number of members agrees  3 readings on separate days
with the action taken.  Printing and distribution of printed copies 3 days before passage

PASSAGE OF A BILL 4. Second House After the three readings in the first house, the bill is transmitted to
Introduced by Member/s of congress the Second House.
Signed by Authors Second house’s response Action
Originates from Lower/Upper house APPROVE w/o Amendment Bill is passed/authenticated and
HOR Senate transmitted to the President
Appropriation, revenue, tariff, Introduce Amendment, H1 does NOT (1) Transmitted to the first house.
tax, requires authorization to AGREE (2) If H1 does not agree with
increase public debt, private amendments, the differences will be
bills, bills of local application settled by Conference Committees

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 of both Chambers. Special Case: Item Veto. Pres can choose what provisions to veto.
(3) Recommendation of CC has to be
approved by both houses. Pocket veto—legislative maneuver that allows a president or other official with veto
(4) Pass in congress power to exercise that power over a bill by taking no action ("keeping it in their pocket"),
(5) Send to Pres for action thus effectively killing the bill without affirmatively vetoing it.
Introduce Amendment, H1 AGREES Bill is authenticated and transmitted to
the President If may decimal sa 2/3, round up.

5. Conference Committee The Conference Committee will provide a report or UNIMPEACHABILITY OF LEGISLATIVE JOURNALS
recommendation (which is not limited to considering the conflicting provisions —  The journal is regarded as conclusive with respect to matters that are
this means the Committee can include a whole new provision not related to the required by the constitution to be recorded therein.
conflict between the Houses). If the Committee’s report or recommendation is  With respect to other matters, in the absence of evidence to the contrary,
approved by both houses, the new version is authenticated, then transmitted to the Journals are accorded conclusive effect.
President.
3 VERSIONS OF A BILL ENROLLED BILL
 Lower house When is a bill “enrolled”?
 Senate After both houses have given final approval to a bill, a final copy of the bill, known as the
 Conference committee “enrolled bill,” shall be printed, and certified as correct by the Secretary of the Senate and
the Secretary General of the House of Representatives.
6. Authentication Authentication means the “signing by the Speaker [of the HoR] and Enrolled bill doctrine—the text of the act as passed and approved is deemed importing
the Senate President, and Secretary of both houses of the printed copy of the absolute veracity and is binding on the courts. It is conclusive not only of its provisions
approved bill, certified by the respective secretaries of both Houses.” After but also of its due enactment.
authentication, the bill is transmitted to the President for approval/rejection.
[END OF LAWMAKING PROCESS] Mistake In The Printing Of The Bill Before It Was Certified By The Officer Of The
 To be valid, it needs to be authenticated. Assembly And Approved By The Chief Executive
 Remedy: is by amendment by enacting a curative legislation, not by judicial
decree (Casco Phil. Chemical Co., Inc. v. Gimenez)
7. The President The President has three options: Discrepancy Between Journal and Enrolled Bill
(1) He can sign the bill, making it a law;  ENROLLED BILL as a rule prevails over Journal, particularly with respect to
(2) He can not act on the bill (neither sign nor veto) within 30 days after his receipt of matters not expressly required to be entered in the journal.
the bill, making it a law as if he had signed the bill; or
(3) He can veto the bill.
a. Returns the bill, with his objections, to the First House. H1 will enter the Speaker of HOR and the Senate President may withdraw their signatures from the signed
objections in the Journal and reconsider the bill. bill where there is serious and substantial discrepancy between the text of journal and
i. If 2/3 of the Members of H1 agree to pass the bill, the bill (with enrolled bill. It thus, renders the bill without attestation and nullifies its status as an
the objections) are transmitted to H2. enrolled bill.
ii. If 2/3 of the Members of the H2 agree to pass the bill, the bill  Court can declare that the bill has not been duly enacted and did not
becomes law. It doesn’t have to go through the President accordingly become a law (Astorga v. Villegas).
anymore. Effect:
 Nullifies the bill as enrolled
Congress can override a veto by passing the act by a two-thirds vote in both the House  Losses absolute verity
and the Senate. (Usually an act is passed with a simple majority.)  Courts may consult journals

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  If subject is not related in any manner to the title = null and void
C. PARTS OF STATUTES  if the subject matter is not sufficiently expressed in its title, what is not
1. PREAMBLE—reason and purpose of decree expressed is void, the rest is still in force, unless the invalid provisions are
2. TITLE OF STATUTE inseparable from the others.
One subject, one bill provision is mandatory, violation thereof is
unconstitutional. 3. ENACTING CLAUSE—Written immediately after the title. States the
a. PURPOSES OF REQUIREMENT—to prohibit duplicity in authority by which the act is enacted
legislation, the title of which completely fails to apprise the  #1 - Phil Commission – “ By authority of the President of the US, be it enacted
legislators or the public of the nature, scope and consequences of the by the US Philippine Commission”
law or its provisions (Inchong v. Hernandez)  #2 - Philippine Legislature- “ by authority of the US, be it enacted by the
1. to prevent hodgepodge or log-rolling legislation Philippine Legislature”
2. to prevent surprise of fraud upon the legislature  #3 - When #2 became bicameral: “Be it enacted by the Senate and House of
3. to fairly apprise the people Representatives of the Philippines in legislature assembled and by authority of
4. title of the statute may be used as a guide in ascertaining legislative intent when the same”
the language of the act does not clearly express its purpose  #4 - Commonwealth- “Be it enacted by the National Assembly of the
Philippines
HOW REQUIREMENT CONSTRUED  #5 – when #4 became bicameral: “be it enacted by the Senate and House of
Liberally construed (People v. Buenviaje). It should not be given a technical Representatives in congress assembled” – same 1946-1972/1987-present.
interpretation. Nor should it be so narrowly construed as to cripple or impede the power  #6 – Batasang Pambansa: “Be it enacted by the Batasang Pambansa in session
of legislation (Tobias v. Abalos). Where there is doubt, the question should be resolved assembled”
against the doubt an in favor of the constitutionality of the statute.  #7 – PD “ NOW THEREFORE, I ______ President of the Philippines, by the
powers vested in me by the Constitution do hereby decree as follows”
WHEN THERE IS COMPLIANCE WITH REQUIREMENT  #8 – EO “Now, therefore, I, ____ hereby order”
1. if the title is comprehensive enough to reasonably include the general object
which a statute seeks to effect, without expressing each and every end and PREAMBLE
means necessary of convenient for accomplishing the object  Defined – prefatory statement or explanation or a finding of facts, reciting the
2. if all parts are related and germane to the subject matter purpose, reason, or occasion for making the law to which it is prefixed”
 Found after enacting clause and before the body of the law.
3. if it indicates in broad but clear terms the nature, scope and consequences of the
law and its operations.  Usually not used by legislations because content of the preamble is written in
the explanatory note.
 The title need not be a catalogue or index of the bill (People v. Ferrer). These
principles apply to titles of amendatory acts.  But PDs and EOs have preambles.
 A title which states that it is an act to amend a specific statute is a sufficient
compliance with the constitutional requirement; it need not states the precise
4. Body-- The main and operative part of the statute containing its substantive and
nature of the amendatory act (Manila Trading & Supply Co, v. Reyes). Note:
even procedural provisions. Provisos and exemptions may also be found in the
“and for other purposes” amounts to nothing
body of the statute.
5. Repealing Clause-- That part of the statute which announces the prior statutes
WHEN REQUIREMENT NOT APPLICABLE
or specific provisions which have been abrogated by reason of the new law.
Does not apply to laws in force existing at the time the 1935 Constitution took effect
6. Saving Clause-- a restriction in a repealing act, which is intended to save rights,
(People v. Valensoy), nor to municipal or city ordinances.
pending proceedings, penalties, etc., from the annihilation which would result
 Only for 1973 and 1987 Constitution
from an unrestricted repeal.
PURVIEW OF STATUTE
EFFECT OF INSUFFICIENCY OF TITLE
 part which tells what the law is about

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  body of statute should embrace only one subject should only one subject  acts of the President fixing a date or declaring a statute or condition
matter, even there provisions should be allied and germane to the subject and of public moment or interest, upon the existence of which the
purpose of the bill. operation of a specific law or regulation is made to depend
 Statue is usually divided into section. w/c contains a single proposition.
 Parts MO Memorandum Orders
o short title  acts of the President on matters of administrative details or of
o policy section subordinate or temporary interest which only concern a particular
o definition section officer or office of government
o administrative section MC Memorandum Circulars
o Sections prescribing standards of conduct  acts of the president on matters relating to internal administration
o sections imposing sanctions for violation of its provisions which the President desires to bring to the attention of all or some of
the departments, agencies, bureaus, or offices of the government, for
o transitory provision
information of compliance
o separability clause
General or Specific Order
o effectivity clause
 Acts and commands of the President in his capacity as Commander-
in-Chief of the AFP SUPREME COUR CIRCULARS;
7. SEPARABILITY CLAUSE
A Separability clause is that part of a statute which states that if any provision
SUPREME COURT RULES AND REGULATIONS
of the act is declared invalid, the remainder shall not be affected thereby. Such a clause is
 See Art 8, Sec. 5(5) 1987 Constitution
not controlling and the courts, in spite of it, may invalidate the whole statute where what
 See Art. 6, Sec. 30 1987 Constitution
is left, after the void part, is not complete and workable.
 It has been held that a law which provides that a decision of a quasi-judicial body
8. .Effectivity Clause-- That part of the Statute which announces the effective date
be appealable directly to the SC, if enacted without the advice and concurrence of
of the law.
the SC, ineffective
o Remedy or applicable procedure – go to CA
D. PRESIDENTIAL ISSUANCE, RULES AND ORDINANCES
PRESIDENTIAL ISSUANCES  Rules of Court – product of the rule-making power of the SC
 Those which the president issues in the exercise of ordinance power. o Power to repeal procedural rules
 i.e. EO, AO (administrative orders), proclamations, MO (memorandum orders), o No power to promulgate rules substantive in nature (unlike the legislative
MC (memorandum circulars), and general or special orders. department)
 Have force and effect of laws.  Substantive rules – if it affects or takes away vested rights; right to appeal
EO  Procedural rules – means of implementing existing right; where to file an appeal for
 acts of the President providing for rules of a general or permanent transferring the venue
character in the implementation or execution of constitutional/ statutory  Rules and regulations issued by the administrative or executive officers in
powers. accordance with and authorized by law, have the force and effect of law
 do not have the force and effect of laws enacted by congress o different o Requisites for validity
from EO issued by the President in the ex of her legislative power during Rules should be germane to the objects and purposes of the law
the revolution Presidential decree under the freedom constitution Regulations be not in contradiction with, but conform to, the
AO standards that the law prescribes
 acts of the President which relate to particular aspects of The be for the sole purpose of carrying into effect the general
governmental operations in pursuance of his duties as administrative provisions of the law
head o Law cannot be restricted or extended
Proclamations o Law prevails over regulations, if there are discrepancies

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  Rule-making power of public administrative agency is a delegated legislative power o Within 30 days may invalidate in whole or in part and its
– if it enlarges or restricts such statute is invalid action is final; if there’s inaction within 30 days, it is deemed valid
 Requisites for delegating a statute by legislative branch to another branch of
government to fill in details, execution, enforcement, or administration of law…. CITY ORDINANCE
the law must be: • Vested in Sangguniang panglungsod
o Complete in itself • Majority of the quorum voting, ordinance is passed
o Fix a standard which may be express or implied • Submitted to Mayor within 10 days o Approve
Example of “standard” – simplicity and dignity; public interest; o Veto – 2/3 of all members – approved o Inaction – deemed approved
public welfare; interest of law and order; justice and equity and • If city or component city – submit to Sangguniang panlalawigan for
substantial merit of the case; adequate and efficient instruction review which shall take action within 30 days, otherwise, it will be deemed
valid
Example:
o Change of “and/or” to “or” – invalid PROVINCIAL ORDINANCE
o Change of “may”(permissive) to “shall” (mandatory) – invalid • Sangguniang panlalawigan – majority of quorum voting, passage of
(Grego COMELEC pp 22) ordinance
• Forwarded to the Governor who within 15 days from receipt shall
o Approve
ADMINISTRATIVE RULE AND INTERPRETATION DISTINGUISHED o Veto – 2/3 of all members – approved o Inaction – deemed approved
 Rule – “makes” new law with the force and effect of a valid law; binding on the
courts even if they are not in agreement with the policy stated therein or with its
innate wisdom E. VALIDITY
 Interpretation – merely advisory for it is the courts that finally determine what PRESUMPTION OF CONSTITUTIONALITY
the law means • Every statute is presumed valid o Lies on how a law is enacted o Due
 Administrative construction is not necessarily binding upon the courts; it may respect to the legislative who passed and executive who approved
be set aside by judicial department (if there is an error of law, or abuse of power o Responsibility of upholding the constitution rests not on the courts alone but on the
or lack of jurisdiction or GAD – grave abuse of discretion) legislative and executive branches as well
• Courts cannot inquire into the wisdom or propriety of laws
BARANGAY ORDINANCE • To declare a law unconstitutional, the repugnancy of the law to the
• Sangguniang barangay – smallest legislative body; may pass an constitution must be clear and unequivocal
ordinance by majority of all its members; subject to review by Sangguniang • All reasonable doubts should be resolved in favor of the
bayan/ panglungsod constitutionality of law; to doubt is to sustain
• Sangguniang bayan/ panglungsod – take action on the ordinance • Final arbiter of unconstitutionality of law is the Supreme Court EN
within 30 days from submission; if there’s inaction, it is presumed to be BANC (majority who took part and voted thereon)
consistent with the municipal or city ordinance; if inconsistency is found, it • Nonetheless, trial courts have jurisdiction to initially decide the issue
will remand to the Sangguniang barangay of constitutionality of a law in appropriate cases
MUNICIPAL ORDINANCE
• Lodged in the Sangguniang bayan REQUISITES FOR EXERCISE OF JUDICIAL POWER
• Majority of the quorum voting, ordinance is passed 1. the existence of an appropriate case
• Ordinance sent to Mayor within 10 days for approval or veto; if 2. an interest personal and substantial by the party raising the constitutional
there’s mayor’s inaction, ordinance is presumed approved; if vetoed and question
overridden by 2/3 of all members, ordinance is approved 3. the plea that the function be exercised at the earliest opportunity
• Approved ordinance is passed to Sangguniang panlalawigan for
4. the necessity that the constitutional question be passed upon in order to decide
review
a case.

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APPROPRIATE CASE • in civil cases, where it appears clearly that a determination of the
• Bona fide case – one which raises a justiciable controversy question is necessary to a decision, and in cases where it involves the
• Judicial power is limited only to real, actual, earnest, and vital jurisdiction of the court below
controversy Exceptions:
• Controversy is justiciable when it refers to matter which is a. the question may raised in a motion for reconsideration or
appropriate for court review; pertains to issues which are inherently susceptible new trial in the lower court, where the statute sought to be
of being decided on grounds recognized by law invalidated was not in existence when the complaint was
• Courts cannot rule on “political questions” – questions which are filed or during the trial
concerned with issues dependent upon the wisdom (v. b. the question of validity may also be raised in criminal cases
legality) of a particular act or measure being assailed o “separation of powers” o at any stage of the proceedings.
However, Constitution expands the concept of judicial review – judicial power includes
c. In civil cases where it appears clearly that a determination
the duty of the courts of justice to settle actual controversies involving rights which are
of the question is necessary to a decision and incases where
legally demandable and enforceable and to determine whether or not there has been GAD
it involved the jurisdiction of the court below.
amounting to lack or excess of jurisdiction on the branch or the part of any branch/
instrumentality of the Government
NECESSITY OF DECIDING CONSTITUTIONALITY
• where the constitutional question is of paramount public interest and
STANDING TO SUE
time is of the essence in the resolution of such question, adherence to the strict
Legal Standing is a personal and substantial interest in the case such that the
procedural standard may be relaxed and the court, in its discretion, may
party has sustained or will sustain direct injury as a result of the governmental act that is
squarely decide the case
being challenged.
• where the question of validity, though apparently has become moot,
Citizens legal standing:
has become of paramount interest and there is undeniable necessity for a ruling,
o He has suffered some actual or threatened injury as a result of the allegedly
strong reasons of public policy may demand that its constitutionality be
illegal conduct of government
resolved
o Injury is fairly traceable to the challenged action. o Injury is likely to be
redressed by a favorable action TEST OF CONSTITUTIONALITY
Tax payers legal standing: • … is what the Constitution provides in relation to what can or may be
1. When it is established that public funds have been disbursed in done under the statute, and not by what it has been done under it.
alleged contravention of the law or the constitution, or in preventing o If not within the legislative power to enact o If vague –
the illegal expenditure of money raised by taxation unconstitutional in 2 respects
2. He will sustain a direct injury as a result of the enforcement of the  Violates due process
questioned statute.  Leaves law enforcers unbridled discretion in
The SC may take cognizance of a suit which does not satisfy the requirements of legal carrying out its provisions
standing; the Court has adopted a liberal attitude on the locus standi of a petitioner where o Where there’s a change of circumstances – i.e. emergency
the petitioner is able to craft an issue of transcendental significance to the people; laws
paramount importance to the public. • Ordinances (test of validity are):
o It must not contravene the Constitution or any statute
WHEN TO RAISE CONSTITUTIONALITY o It must not be unfair or oppressive o It must not be partial
• xxx at the earliest possible opportunity – i.e. in the pleading
or discriminatory o It must not prohibit but may regulate trade o It
• it may be raised in a motion for reconsideration / new trial in the
must be general and consistent with public policy o It must not be
lower court; or
unreasonable
• in criminal cases – at any stage of the proceedings or on appeal
EFFECTS OF UNCONSTITUTIONALITY
• It confers no rights

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 • Imposes no duties unless there are special laws providing a different effectivity mechanism for
• Affords no protection particular statutes
• Creates no office • Sec 18 Chapter 5 Book 1 of Administrative Code
• In general, inoperative as if it had never been passed • Effectivity of laws o default rule – 15-day period o must be published
• 2 views: either in the OG or newspaper of general circulation in the country; publication
o Orthodox view – unconstitutional act is not a law; decision must be full
affect ALL • The clause “unless it is otherwise provided” – solely refers to the 15-
o Modern view – less stringent; the court in passing upon the day period and not to the requirement of publication
question of unconstitutionality does not annul or repeal the statute if When Presidential issuances, rules and regulations take effect
it finds it in conflict with the Constitution; decisions affects parties • The President’s ordinance power includes the authority to issue EO,
ONLY and no judgment against the statute; opinion of court may AO, Proclamations, MO, MC and general or specific orders
operate as a precedent; it does not repeal, supersede, revoke, or annul • Requirement of publication applies except if it is merely
the statute interpretative or internal in nature not concerning the public
• 2 types:
INVALIDITY DUE TO CHANGE OF CONDITIONS o Those whose purpose is to enforce or implement existing
• Emergency laws law pursuant to a valid delegation or to fill in the details of a statute;
• It is deemed valid at the time of its enactment as an exercise of police requires publication
power o Those which are merely interpretative in nature or internal;
• It becomes invalid only because the change of conditions makes its does not require publication
continued operation violative of the Constitution, and accordingly, the • Requirements of filing (1987 Administrative Code):
declaration of its nullity should only affect the parties involved in the case and o Every agency shall file with the UP Law Center 3 certified
its effects applied prospectively copies of every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within 3 months from that
PARTIAL INVALIDITY date shall not thereafter be the basis of any sanction against any
• General rule: that where part of a statute is void as repugnant to the party/ persons
Constitution, while another part is valid, the valid portion, if separable from the In addition, the 1987 Administrative Code provides that:
invalid, may stand and be enforced 1. Every agency shall file with the U.P. Law center three copies of every rule
• Exception – that when parts of a statute are so mutually dependent adopted by it. Rules in force on the date of effectivity of this Code which
and connected, as conditions, considerations, inducements, or compensations are not filed within 3 months from that date shall not be the basis of any
for each other, as to warrant a belief that the legislature intended them as a sanction against any party or persons.
whole, the nullity of one part will vitiate the rest – such as in the case of Tatad 2. Each rule shall become effective 15 days from the date of filing as above
v Sec of Department of Energy and Antonio v. COMELEC provided unless a different date is fixed by law, or specified in the rule in
cases of imminent danger to public health, safety and welfare.
F. EFFECT AND OPERATION Publication and filing requirements are indispensable to the effectivity of rules
WHEN LAWS TAKE EFFECT and regulations, except when the law authorizing its issuance dispenses the filing
Art 2 of the Civil Code provides that “Laws shall take effect after fifteen days requirements.
following the completion of their publication in the Official Gazette, unless it is
otherwise provided.” WHEN LOCAL ORDINANCE TAKE EFFECT
When laws take effect
1. Unless otherwise stated, Local ordinance shall take effect after 10 days from
• Art 2 CC - “xxx laws to be effective must be published either in the
the date a copy thereof is posted in a bulletin board at the entrance of the
Official Gazette or in a newspaper of general circulation in the country” o The
provincial capitol or city, municipal, or barangay hall, as the case may be, and
effectivity provision refers to all statutes, including those local and private,
in at least two other conspicuous places in the local government unit.

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 2. the secretary to the sanggunian shall cause the posting of the ordinance within 5 • Construction is drawing of warranted conclusions beyond direct
days after its approval at the entrance of the provincial capitol and the city, expression of the text expressions which are in spirit though not within the text.
municipal or barangay hall in at least 2 conspicuous places • xxx inevitably, there enters into the construction of statutes the play
of JUDICIAL JUDGMENT within the limits of the relevant legislative
3. The gist of all ordinances with penal sanctions shall be published in a
materials
newspaper of general circulation, within the province where the local legislative
• it involves the EXERCISE OF CHOICE BY THE JUDICIARY
body concerned belongs, in the absence of such newspapers, postings shall be
made in all municipalities and cities of the province where the saggunian of
CONSTRUCTION AND INTERPRETATION DISTINGUISHED
origin is situated.
• They are so alike in practical results and so are used interchangeably;
4.For highly urbanized city and independent component cities, in addition to synonymous.
being posted, be published once in a local newspaper of gen. circulation within Construction Interpretation
the city, in the absence of which, it shall be published in any newspaper of - process of drawing - art of finding the
general circulation. warranted conclusions not true meaning and sense of any
STATUTES CONTINUE IN FORCE UNTIL REPEALED always included in direct form of words
• Permanent/ indefinite – law once established continues until changed expressions, or determining the
by competent legislative power. It is not changed by the change of sovereignty, application of words to facts in
except that of political nature litigation
• Temporary – in force only for a limited period, and they terminate
Rules of construction, generally
upon expiration of the term stated or upon occurrence of certain events; no
• Rules of statutory construction are tools used to ascertain legislative
repealing statute is needed
intent.
• NOT rules of law but mere axioms of experience
MANNER OF COMPUTING TIME
• In enacting a statute, the legislature is presumed to know the rules of
• See Art. 13 CC
statutory construction, in case of doubt, be construed in accordance with the
• Where a statute requires the doing of an act within a specified
settled principles of interpretation.
number of days, such as ten days from notice, it means ten calendar days and
• Legislature sometimes adopts rules of statutory construction as part
NOT ten working days
of the provisions of the statute: - see examples page 49-50
• E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947
• Legislature also defines to ascertain the meaning of vague, broad
• If last day falls on a Sunday or holiday, the act can still be done the
words/ terms
following day
.
• Principle of “exclude the first, include the last” DOES NOT APPLY
PURPOSE OR OBJECT OF CONSTRUCTION
to the computation of the period of prescription of a crime, in which rule, is
• The purpose is to ascertain and give effect to the intent of the law.
that if the last day in the period of prescription of a felony falls on a Sunday or
• The object of all judicial interpretation of a statute is to determine
legal holiday, the information concerning said felony cannot be filed on the
legislative intent, either expressly or impliedly, by the language used; to
next working day, as the offense has by then already prescribe.
determine the meaning and will of the law making body and discover its true
interpretations of law.
CHAPTER 2: INERPRETATION
A. NATURE AND PURPOSE LEGISLATIVE INTENT, GENERALLY
CONSTRUCTION DEFINED • … is the essence of the law
Construction defined • Intent is the spirit which gives life to legislative enactment. It must be
• Construction is the art or process of discovering and expounding the enforced when ascertained, although it may not be consistent with the strict
meaning and intention of the authors of the law, where that intention rendered letter of the statute. It has been held, however, that that the ascertainment of
doubtfully reason of ambiguity in its language or of the fact that the given case legislative intent depend more on a determination of the purpose and object of
is not explicitly provided for in the law. the law.

9
 • Intent is sometimes equated with the word “spirit.” • Thus: The object of inquiry is not only to know what the legislature
• While the terms purpose, meaning, intent, and spirit are oftentimes used sufficiently expresses that meaning. The legal act is made up of 2
interchangeably used by the courts, not entirely synonymous elements: o internal – intention o external- expression
• Failure of the latter may defeat the former
LEGISLATIVE PURPOSE
• A legislative purpose is the reason why a particular statute was
enacted by legislature. WHERE LEGISLATIVE INTENT IS ASCERTAINED
• Legislation “is an active instrument and government which, for the • The primary source of legislative intent is the statute itself.
purpose of interpretation means that laws have ends to be achieved” • If the statute as a whole fails to indicate the legislative intent because
of ambiguity, the court may look beyond the statute such as:
LEGISLATIVE MEANING o Legislative history – what was in the legislative mind at the
• Legislative meaning is what the law, by its language, means. time the statute was enacted; what the circumstances were; what evil
• What it comprehends; was meant to be redressed
• What it covers or embraces; o Purpose of the statute – the reason or cause which induced
• What its limits or confines are. the enactment of the law, the mischief to be suppressed, and the
• Intent and Meaning – synonymous policy which dictated its passage
• If there is ambiguity in the language used in a statute, its purpose may o when all these means fail, look into the effect of the law.
indicate the meaning of the language and lead to what the legislative intent is  If the 3rd means (effect of the law) is first used, it will be judicial legislation

Graphical illustration – B. POWER TO CONSTRUE

Federation of Free Farmers v CA. CONSTRUCTION IS A JUDICIAL FUNCTION
• RA No. 809 Sec. 1 – “In absence of a written milling agreements • It is the court that has the final word as to what the law means.
between the majority of the planters and the millers, the unrefined sugar as well • It construes laws as it decide cases based on fact and the law involved
as all by-products shall be divided between them” • Laws are interpreted in the context of a peculiar factual situation of
• RA 809 Sec. 9 – “The proceeds of any increase in participation each case
granted by the planters under this act and above their present share shall be • Circumstances of time, place, event, person and particularly attendant
divided between the planter and his laborer in the proportion of 60% laborer circumstances and actions before, during and after the operative fact have taken
and 40% planter” their totality so that justice can be rationally and fairly dispensed.
• To give literal import in interpreting the two section will defeat the • Moot and academic – o Purpose has become stale o No practical
purpose of the Act relief can be granted o Relief has no practical effect
• The purpose: • General rule (on mootness) – dismiss the case o Exception:
o Continuous production of sugar o To grant the laborers a share in the increased  If capable of repetition, yet evading review
participation of planters in the sugar produce  Public interest requires its resolution
• The legislative intent is, thus to make the act operative irrespective of  Rendering decision on the merits would be of
whether there exists a milling agreement between central and the sugar practical value
planters.
LEGISLATURE CANNOT OVERRULE JUDICIAL DECISIONS
MATTERS INQUIRED INTO IN CONSTRUING A STATUTE • It cannot preclude the courts from giving the statute different
• “It is not enough to ascertain the intention of the statute; it is also interpretation
necessary to see whether the intention or meaning has been expressed in such a • Legislative – enact laws
way as to give it legal effect or validity” • Executive- to execute laws
• Judicial- interpretation and application

10
 • If the legislature may declare what a law means – it will cause • Only when the law is ambiguous or doubtful of meaning may the
confusion…it will be violative of the fundamental principles of the court interpret or construe its intent.
constitution of separation powers.
• Legislative construction is called resolution or declaratory act COURTS MAY NOT CONSTRUE WHERE STATUTE IS CLEAR
Endencia v David • A statute that is clear and unambiguous is not susceptible of
• Explains why legislative cannot overrule Supreme Court’s decision interpretations.
Perfecto v. Meer • First and fundamental duty of court – to apply the law
• Art. 8 Sec. 9 1935 Constitution – SC’s interpretation: “shall receive • Construction – very last function which the court should exercise
such compensation as may be fixed by law, which shall not be diminished • Law is clear – no room for interpretation, only room for application
during their continuance in office” – exempt from income tax • Courts cannot enlarge or limit the law if it is clear and free from
• Legislative passed RA 590 Sec. 13 – “no salary whenever received by ambiguity (even if law is harsh or onerous
any public officer of the Republic shall be considered exempt from the income • A meaning that does not appear nor is intended or reflected in the
tax, payment of which is hereby declared not to be a diminution of his very language of the statute cannot be placed therein by construction
compensation fixed by the Constitution or by law” Manikan v. Tanodbayan
• Source of confusion • Sec. 7 PD 1716-A – “sole police authority” of EPZA officials may
• Violative of principle on separation of powers not be construed as an exception to, or limitation on, the authority of the
• RA 590 Sec 13 – unconstitutional Tanodbayan to investigate complaints for violation of the anti-graft law
• Art 8 Sec. 9 1935 – repealed by Art. 15 Sec. 6 1973 Constitution – committed by the EPZA officials
“no salary or any form of emolument of any public officer or employee, • EPZA’s power – not exclusive; “sole” refers to police authority not
including constitutional officers, shall be exempt from payment of income tax” emplyed to describe other power
• Thus, judiciary is not exempt from payment of tax anymore Lapid v. CA
• Issue: whether or not the decision of the Ombudsman imposing a
penalty of suspension of one year without pay is immediately executory
WHEN JUDICIAL INTERPRETATION MAY BE SET ASIDE • Administrative Code and LGC – not suppletory to Ombudsman Act
• “Interpretations may be set aside.” The interpretation of a statute or a • These three laws are related or deal with public officers, but are
constitutional provision by the courts is not so sacrosanct as to be beyond totally different statutes
modification or nullification. • An administrative agency tasked to implement a statute may not
• The Supreme Court itself may, in an appropriate case change or construe it by expanding its meaning where its provisions are clear and
overrule its previous construction. unambiguous
• The rule that the Supreme Court has the final word in the Land Bank v. CA
interpretation or construction of a stature merely means that the legislature • DAR interpreted “deposits” to include trust accounts”
cannot, by law or resolution, modify or annul the judicial construction without • SC held that “deposits” is limited only to cash and LBP bonds
modifying or repealing the very statute which has been the subject of Libanan v. HRET
construction. It can, and it has done so, by amending or repealing the statute, • Issue: whether ballots not signed at the back by the chairman of the
the consequence of which is that the previous judicial construction of the Board of Election Inspectors (BEI) are spurious, since it violated Sec. 24 RA
statute is modified or set aside accordingly. 7166
• Held: not spurious; only renders the BEI accountable
WHEN COURT MAY CONSTRUE STATUTE
• “The court may construe or interpret a statute under the condition that RULINGS OF SUPREME COURT PART OF LEGAL SYSTEM
THERE IS DOUBT OR AMBIGUITY” • Art. 8 CC – “Judicial decisions applying or interpreting the laws or the
• Ambiguity – a condition of admitting 2 or more meanings. Constitution shall form part of the legal system of the Philippines”
Susceptible of more than one interpretation. • Legis interpretato legis vim obtinet – authoritative interpretation of the SC of a
statute acquires the force of law by becoming a part thereof as of the date of its

11
 enactment , since the court’s interpretation merely establishes the • The SC held that the doctrine that should apply is that which was enunciated in
contemporaneous legislative intent that the statute thus construed intends to Monge and Tupas because the transactions involved took place prior to
effectuate Belisario and not that which was
• Stare decisis et non quieta novere – when the SC has once laid down a laid down in the latter case which should be applied prospectively
principle of law as applicable to a certain state of facts, it will adhere to that
principle and apply it to all future casese where the facts are substantially the
same o For stability and certainty COURTS MAY ISSUE GUIDELINE IN CONSTRUING STATUTE
• Supreme Court becomes, to the extent applicable, the criteria that must control • In construing a statute, the enforcement of which may tread on sensitive areas
the actuations not only of those called upon to abide thereby but also of those of constitutional rights, the court may issue guidelines in applying the statute,
duty-bound to enforce obedience thereto. not to enlarge or restrict it but to clearly delineate what the law is.
• SC rulings are binding on inferior courts Peo. v. Ferrer
• What acts that may be considered liable under the AntiSubversion Act
JUDICIAL RULINGS HAVE NO RETROACTIVE EFFECT Morales v. Enrile
• Lex prospicit not respicit - the law looks forward, not backward • Rights of a person under custodial investigation
• Rationale: Retroactive application of a law usually divest rights that have RP v. CA/ Molina
already become vested or impairs he obligations of contract and hence is • Guidelines for ascertaining psychological incapacity of an erring spouse in a
unconstitutional. void marriage under Art. 36 FC
Peo v. Jabinal
• Peo v Macarandang – peace officer exempted from issuance of license of C. LIMITATIONS ON POWER TO CONSTRUE
firearms – included a secret agent hired by a governor COURTS MAY NOT ENLARGE OR RESTRICT STATUTES
• Peo. v. Mapa – abandoned doctrine of Macarandang in 1967 1. While statutory constructions involves choice, the court should resist the
• The present case, Jabinal was arraigned while the Macarandang Doctrine was temptation to roam at will and rely on its predilection as to what policy should
still prevailing, however, the decision was promulgated when the Mapa prevail.
doctrine was in place
2. They may not, in the guise of interpretation, enlarge the scope of a statute and
• The Court held that Jabinal is acquitted using stare decisis doctrine and
include therein situations not provided nor intended by lawmakers.
retroactivity doctrine
3. They are not authorize to insert into the law what they think should be in it or
Co. v. CA
to supply what they think the legislature would have supplied if its attention
• On BP 22, Co is acquitted in relying on the Circular issued; Que doctrine,
had been called to the omission.
which convicted Que under BP 22, was not given retroactive application
Roa v. Collector of Customs 4. They should not revise even the most arbitrary and unfair action of the
• Used jus soli (place of birth) legislature, nor rewrite the law to conform with what they think should be the
• SC favored jus sanguinis (by blood) law
• However, the abandonment of the principle of jus soli did not divest the 5. Nor may they interpret into the law a requirement which the law does not
citizenship of those who, by virtue of the principle before its rejection, became prescribe
of were declared citizens of the Philippines 6. Neither should courts construe statutes which are perfectly vague, or cannot be
Benzonan v. CA clarified either by a saving clause or by construction.
• Issue: when to count the 5-year period to repurchase land granted CA 141
• Monge v Angeles (1957) and Tupas v Damaso (1984) – from the date of COURTS NOT TO BE INFLUENCED BY QUESTIONS OF WISDOM
conveyance or foreclosure sale • Courts do not sit to resolve the merit of conflicting theories
• Belisario v. IAC (1988) – from the period after the expiration of the 1-year • Courts do not pass upon question of wisdom, justice or expediency of
period of repurchase legislation, for it’s not within their province to supervise legislation and keep it
within the bounds of common sense.
• The court merely interpret regardless of whether or not they wise or salutary.

12
 o Ano yun, ipapasara ng government tapos magbabayad pa ang
employer ng separation pay?!? Ang daya-daya! Lugi na nga si
CHAPTER IV : ADHERENCE TO, OR DEPARTURE FROM, LANGUAGE OF employer, kikita pa si employee?!? Unfair! Cannot be! No! No! o To
STATUTE depart from the meaning expressed by the words is to alter the statute,
A. LITERAL INTERPRETATION to legislate and not interpret
Literal Meaning or plain-meaning rule o Maledicta est exposition quae corrumpit textum – dangerous
- As a general rule, the intent of legislature to be ascertained and thereafter given construction which is against the text
effect is the intent expressed in the language of the statute.
Dura Lex Sed Lex
- Plain meaning rule: verba legis
- Absoluta sentential expositore non indigent: When the language of the law is
- Index animi sermo: speech is the index of intention.
clear, no explanation of it is required.
- Verba Legis non est recedendum: from the words of a statute there should be no
- When the law is clear, it is not susceptible of interpretation. It must be applied
departure.
regardless who may be affected, even if it may be harsh or onerous.
- What is not clearly provided in the law cannot be extended to those matters
- Dura lex sed lex: The law may be harsh, but it is still the law.
outside its scope.
- Hoc quidem perquam durum est, sed ita lex scripta est, or it is exceedingly hard
- Where what is not clearly provided in the law is read into law by construction
but so the law is written.
because it is more logical and wise, it would be to encroach upon legislative
prerogative to define the wisdom of the law, which is judicial legislation. - The court should apply the law even if it would be harsh or unwise.
- To depart from the meaning expressed by words is to alter the statute, to - The duty of court in interpreting a statute which is ambiguous is not to dispute
legislate and not to interpret. its wisdom; the duty of the court is limited to inquiring into the legislative
intent and, once this is determined, to making said intent effective.
- Maledicta est expositioquae corrumpit textum: or it is dangerous construction
which is against the text. - When the law is clear, appeal to justice and equity as justification to construe it
differently are unavailing. Equity I described as justice outside legality, which
- Judicial legislation – an encroachment upon legislative prerogative to define the
simply means that it cannot supplant although it may supplement the law.
wisdom of the law o Courts must administer the law as they find it without
regard to consequences - Aequitas nunquam contravenit legis: Equity never acts in contravention of the
National Federation of Labor v. NLRC law.
• Employees were claiming separation pay on the basis of Art. 283 Labor Code
which states that “employer MAY also terminate the employment of an B. DEPARTURE FROM LITERAL MEANING
employee” for reasons therein by serving notice thereof and paying separation Statute must be capable of interpretation, otherwise inoperative.
pay to affected employees Court must use every authorized means to ascertain the intent of the statute and
• There was compulsory acquisition by the government of the employer’s land give it an intelligible meaning. If effort is impossible to solve the doubt and
(Patalon Coconut Estate) for purposes of agrarian reform which forced the dispel the obscurity of a statute, if no judicial certainty can be had as to its
employer to cease his operation meaning, the court is not at liberty to supply nor to make one.
• Issue: whether or not employer is liable for separation pay? - If statute fails to express a meaning, judicial modesty forbids court from
• Held: NO, employer is not liable for separation pay! assuming and from supplying a meaning thereto.
o It is a unilateral and voluntary act by the employer if he wants to give - Interpretatio fienda est ut res magis valeatquam pereat: that interpretation as
separation pay will give the thing efficacy is to be adopted. A law should be interpreted with a
o This is gleaned from the wording “MAY” in the statute view to upholding rather than destroying it.
o “MAY” denotes that it is directory in nature and generally permissive Santiago v. COMELEC
only • In this case, the Court adopted a literal meaning thus, concluded that RA 6735
o Plain-meaning rule is applicable is inadequate to implement the power of the people to amend the Constitution
(initiative on amendments) for the following reasons:

13
 o Does not suggest an initiative on amendments on to the Constitution - The spirit and intendment of the law must prevail over its letter.
because it is silent as to amendments on the Constitution and the - A statute may therefore be extended to cases not within the literal meaning of
word “Constitution” is neither germane nor relevant to said section its terms, so long as they come within its spirit or intent.
o Does not provide for the contents of a petition for initiative on the Limitation of rule
Constitution - What is within the spirit of a statute even if not within the letter is applicable
o Does not provide for subtitles for initiative on the Constitution o RA only if there is ambiguity in the language of the law.
is incomplete and does not provide a sufficient standard Construction to accomplish purpose
• Justice Puno (ano?!? Justice Tree?!) dissents: • PURPOSE or REASON which induced the enactment of the statute – key to
o Legislative intent is also shown by the deliberations on the bill that open the brain of the legislature/ legislative intent!
became RA 6735… (there are 4 more reasons – see page 130-131, • Statutes should be construed in the light of the object to be achieved and the
which are not so important) evil or mischief to be suppressed
• Interpretation of RA 6735 was not in keeping with the maxim interpretation • As between two statutory interpretations, that which better serves the purpose
fienda est ut res magis valeat quam pereat – that interpretation as will give the of the law should prevail
thing efficacy is to be adopted Sarcos v. Castillo
What is within the spirit is within the law. • This case explains why legislative purpose to determine legislative intent
- The intent or spirit of the law is the law itself. • Frankfurter
- As a general rule of statutory construction, the spirit or intention of a statute o Legislative words are not inert but derived vitality from the obvious
prevails over the letter thereof, and what is within the spirit of a statute is within purposes at which they are aimed
the statute although it is not within the letter thereof, while that which is within o Legislation – working instrument of government and not merely as a
the letter but not within the spirit of the statute is not within the statute. collection of English words
- The intent is the vital part, the essence of the law, and the primary rule of • Benjamin Natham Cardozo
construction is to ascertain and give effect to that intent. o Legislation is more than a composition o It is an active instrument of
- A law should accordingly be so construed as to be in accordance with, and not government which means that laws have ends to be achieved
repugnant to, the spirit of the law. • Holmes
- The court may consider the spirit and reason of statute where a literal meaning o Words are flexible
would lead to absurdity, contradiction, injustice, or would defeat the clear o The general purpose is a more important aid to the meaning than any
purpose of the lawmakers. rule which grammar or formal logic may lay down
- Ratio legis – interpretation according to the spirit or reason of the law o Courts are apt to err by sticking too closely to the words of law where
- Spirit or intention of a statute prevails over the letter those words import a policy that goes beyond them
Soriano v. Offshore Shipping and Manning Corp
- A law should accordingly be so construed as to be in accordance with, and not
• A literal interpretation is to be rejected if it would be unjust or lead to absurd
repugnant to, the spirit of the law
results
- Presumption: undesirable consequences were never intended by a legislative
Illustration of rule
measure
King v. Hernandez
Literal import must yield to intent.
- The intention controls the literal interpretation of a particular language of • Issue: whether or not a Chinese (parang si RA and Serge) may be employed in
a non-control position in a retail establishment, a wholly nationalized business
statute.
under RA 1180 Retail Trade Law (btw, wala na tong law na ‘to. It has been
- Verba intentioni, non e contra, debent inservire: words ought to be more
repealed by the Retail Trade Liberalization Act – my thesis! )
subservient to the intent and not the intent to the words.
- If there’s two conflicting theories, courts choose which best accords with the • Held: No! (kasi duduraan ka lang ng mga intsik! Joke only!) the law has to be
spirit or intent of the law. construed with the Anti-Dummy Law – prohibiting an alien from intervening
- Conscience and equity should always be considered in the construction of a in the management, operation, administration or control thereof
statute.

14
 • When the law says you cannot employ such alien, you cannot employ an alien! • Judiciary Act grants jurisdiction with the municipal court in the capital of a
The unscrupulous alien may resort to flout the law or defeat its purpose! province in offenses where the penalty is not more than prission correctional or
(maggulang daw mga intsik… ultimo tubig sa pasig river, which is supposed to fine not exceeding
be free, bottles it and then sells it! Huwat?!?) 6,000Php (penalty for libel)
• It is imperative that the law be interpreted in a manner that would stave off any So ano na?!?
attempt at circumvention of the legislative purpose Godines v. CA
Bustamante v. NLRC • Patent Law – grants the patentee the exclusive right to make, use, and sell his
• Issue: how to compute for backwages to which an illegally dismissed employee patented machine, article or product xxx
would be entitled until his actual reinstatement (take note of this case.. it’s a • Doctrine of equivalents – when a device appropriates a prior invention by
labor case… kiliti ni Golangco) incorporating its innovative concept, and albeit with some modification and
• 3 ways: change, performs substantially the same function in substantially the same way
to achieve substantially the same result (ano ba ‘to?!? Puro
o 1st – before Labor Code – to be deducted from the amount of
substantially?)
backwages is the earnings elsewhere during the period of illegal
Planters Association of Southern Negros, Inc. v. Ponferrada
dismissal
o 2nd – Labor Code Art. 279 – the amount of backwages is fixed without
• 2 apparently conflicting provisions should be construed as to realize the
purpose of the law
deductions or
qualifications but limited to not more than 3 years • The purpose of the law is to INCREASE the worker’s benefits
o rd
3 – amended Art. 279 – full backwages or without deductions from • Benefits under RA 6982 shall be IN ADDITION to the benefits under RA 809
the time the laborer’s compensation was withheld until his actual and PD 621
reinstatement • “Substituted” cannot be given literal interpretation
• The clear legislative intent of the amendment in RA 6715 (Labor Code) is to
give more benefits to workers than was When reason of law ceases, the law itself ceases.
previously given them under the Mercury Drug rule or the 1st - cessante ratione legis, cessat et ipsa lex -
way - raton legis est anima: the reason of the law is its soul.
US v. Toribio - The reason behind the law is the heart of the law. Reason of the law plays a
• The prohibition of the slaughter of carabaos for human consumption so long as decisive role in its construction.
these animals are fit for agricultural work/ draft purposes was a “reasonable - A statute may render a prior law devoid of reason.
necessary limitation” on private ownership - Where a later law has a purpose in conflict with that of a prior statute on the
• Purpose or object of the law – to protect large cattle against theft and to make same subject, the latter has lost all meaning and function and has ceased to
easy recovery and return of such cattle to their owners, when lost, strayed or exist.
stolen This may happen when the purpose of the statute sought to be achieved by it is
accomplished, or the mischief sought to be repressed is prevented, by an act or
• Issue: whether the slaughter of large cattle outside the municipal
event independent of the statute itself.
slaughterhouse without a permit by the municipal treasurer is prohibited?
Peo v. Almuete
• Held: YES! Outside or inside without permit is prohibited • Agricultural Tenancy Act is repealed by the Agricultural Land Reform Code
Bocobo v. Estanislao • Agricultural Tenancy Act – punishes prereaping or prethreshing of palay on a
• Issue: whether the CFI and a municipal court in the capital of a province have date other than that previously set without the mutual consent of the landlord
concurrent jurisdiction over the crime of libel and tenant o Share tenancy relationship
• RPC – grants jurisdiction with CFI • Agricultural Land Reform Code – abolished share tenancy relationship, thus
does not punish prereaping or prethreshing of palay on a date other than that
previously set without the mutual consent of the landlord and tenant anymore

15
 o Leasehold system • Because the President is not a “local chief executive” but under Sec. 50 of the
Commendador v. De Villa Local Government Code, the “President, Governor, Mayor have the executive
• Issue: whether PD 39, which withdrew the right to peremptorily challenge power to appoint in order to fill vacancies in local councils or to suspend local
members of a military tribunal, had been rendered inoperative by PD 2045 officials
proclaiming the termination of a state of martial law Qualification of rule
• Held: YES! The termination of the martial law and the dissolution of military • Only those which are clearly clerical errors or obvious mistakes, omissions,
tribunals created thereunder, the reason for the existence of PD 39 ceased and misprints; otherwise, is to rewrite the law and invade the domain of the
automatically and the decree itself ceased legislature, it is judicial legislation in the guise of interpretation
Vasquez v. Giap Construction to avoid absurdity
• Where the mischief sought to be remedied by a statute has already been - General terms of a statute should be so limited in their application as not to lead
removed in a given situation, the statute may no longer apply in such case to absurdities. It is presumed that the legislature intended exceptions to its
• The law bans aliens from acquiring and owning lands, the purpose is to language which would avoid absurd consequences.
preserve the nation’s lands for future generations of Filipinos - Interpretatio talis in ambiguis semper fienda est ut evitetur inconveniens et
• A sale of land in favor of an alien, in violation of the said law, no longer be absurdum: Where there is ambiguity, such interpretation as will avoid
questioned after the alien becomes a Filipino citizen inconvenience and absurdity is to be adopted.
Supplying legislative omission - Where literal adherence to the language would result to absurdity, the court has
• xxx if it is clearly ascertainable from the CONTEXT! the power to supply or omit the words from a statute in order to prevent an
• May supply legislative omission to make the statute conform to obvious intent absurd result.
of the legislature or to prevent the act from being absurd - Courts test the law by its result. There are laws which are generally valid but
• Note: differentiate from judicial legislation may seem arbitrary when applied in a particular case because of its peculiar
Correcting clerical errors circumstance. Courts are not bound to apply them in slavish obedience to their
• As long as the meaning intended is apparent on the face of the whole enactment language.
and no specific provision is abrogated
- A law should not be interpreted so as not to cause injustice.
• This is not judicial legislation
- Where a term is defined in a statute, the court may not construe it to exclude
Illustration rule
what is included therein as to restrict its scope.
Rufino Lopez & Sons, Inc. v. CTA
Construction to avoid injustice
• Court change the phrase “collector of customs” to
“commissioner of customs” to correct an obvious mistake in law - The presumption is that the legislature in enacting a law, did not intent to work
• Sec 7 – “commissioner of customs” – grants the CTA jurisdiction to review a hardship or an oppressive result, a possible abuse of authority or act of
decisions of the Commissioner of Customs oppression, arming one person with a weapon to impose hardship on another.
• Sec 11 – “collector of customs” – refers to the decision of the Collector of - Ea est accipienda interpretatio quae vitio caret: that interpretation is to be
Customs that may be appealed to the tax court adopted which is free from evil or injustice.
• “Commissioner” prevails – Commissioner of Customs has supervision and Construction to avoid danger to public interest
control over Collectors of Customs and the decisions of the latter are - It is a well established rule of statutory construction that where great
reviewable by the Commissioner of Customs inconvenience will result, or great public interest will be endangered or
Lamp v. Phipps sacrificed, or great mischief done, from a particular construction of a statute,
• “Ordinary COURTS of law” to “Ordinary COURSE of law” such construction is to be avoided.
Farinas v. Barba - Courts should presume that such construction was not intended by the
• Issue: who is the appointing power to fill a vacancy created by the sanggunian legislature.
member who did not belong to any political party, under the provision of the Construction in favor of right and justice
Local Government Code - Any doubt in the construction of a statute should be resolved in favor of right
• “local chief executive” – a misnomer and justice.
• It should be “authorities concerned”

16
 The fact that a statute is silent, obscure or insufficient with respect to a question - Equity and other compelling reasons may justify an exception to a rule even
before the court will not justify the latter from declining to render judgment when the rule does not provide any.
thereon. - If the application of law will prevent a fair and impartial inquiry into the actual
- Jure naturae aequum est neminem cum alterius detrimento et injuria fieri facts of a case, justice demands that the general rule should yield to occasional
locupletiorem, which was restated with ninguno non deue enriquecerse exceptions.
tortizeramente con daño de otro. Courts invoke these principles when the - Summum jus, summa injuria: the rigor of the law would become the highest
statutes are silent or obscure in order to arrive at a solution that would respond injustice.
to the vehement (passionate) urge of conscience. - Where rigid and strict application of law would work injustice, an exemption
- In balancing conflicting solutions, that one is perceived to tip the scales which therefrom to prevent such result on humanitarian and equitable grounds is
the court believes will best promote the public welfare in its probable operation warranted, although the literal import of the law suggests no such exemption.
as a general rule or principle. Law does not require the impossible
Surplusage and superfluity disregarded
- The law obliges no one to perform an impossibility, expressed in the maxim,
- surplusagium non noceat: surplusage does not vitiate a statute. nemo tenetur ad impossibile. In other words, there is no obligation to do an
- Utile per inutile non vitiatur: the useful is not vitiated by the non-useful. impossible thing. Impossibilium nulla obligation est.
- Where a word, phrase or clause in a statute is devoid of meaning in relation to - Statutes should not be construed as to require compliance with what it
the context or intent of the statute or where it suggests a meaning that nullifies prescribes, which is impossible;
the statute or renders it without sense, the word, phrase, or clause may be but in such a way that substantial compliance with what the law requires is
rejected as a surplusage and entirely ignored. sufficient.
Redundant words may be rejected Number and gender of words
- General rule is that every effort should be made to give some meaning to every - it is a maxim of statutory construction that when the context if a statute so
part of a statute. This rule does not impose upon the courts an imperative indicates in plural include the singular, and vice versa.
obligation to give every redundant word or phrase a special significance, - A plural word in a statute may thus apply to a singular person or thing, just as a
contrary to the manifest intention of the legislature. singular word may embrace two or more persons or things.
- A possible interpretation which would defeat the whole purpose of the law is to - It is also a rule of statutory construction that in construing a statute, the
be rejected. masculine, but not the feminine, includes all genders, unless the context in
- When the use of word is merely to reiterate or repeat, it carries out the intention which the word is used in the statute indicates otherwise.
of the legislature. C. IMPLICATIONS
Obscure or missing word or false description may not preclude construction Doctrine of necessary implication
- Court should not and cannot always be bound by the phraseology or literal - What is thought, at the time of enactment, to be an allembracing legislation may
meaning of a statute. be inadequate to provide for future events, thereby creating gaps in the law. One
- That some words may be missing due to clerical errors or false description does of the rules of statutory construction used to fill in the gap is the doctrine of
not preclude construction nor vitiate the meaning of the statute which is necessary implication.
otherwise clear. - Doctrine states that what is implied in a statute is as much a part thereof as that
- Falsa demonstration non nocet, cum de corpore constat: False description does which is expressed.
not preclude construction nor vitiate the meaning of the statute. - Every statute is understood by implication to contain all such provisions that
Exemption from rigid application of law are needed to effectuate its purpose.
- Every rule is not without exception - Ex necessitate legis or from the necessity of the law.
- Ibi quid generaliter conceditur; inest haec exception, si non aliquid sit contras - Every statutory grant of power, right or privilege is deemed to include all
jus basque, which means that where anything is granted generally, this incidental power, right or privilege. This is because in eo quod plus sit, semper
exception is implied; that nothing shall be contrary to law and right. inest et minus.

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 - “necessary implication”: it is one which under the circumstances, is compelled includes the authority to delegate to a subordinate officer the performance of a
by a reasonable view of the statute, and the contrary of which would be particular function, absent any express or implied provision to the contrary.
improbable and absurd. Grant of power excludes greater power
- “Necessity”: defines what may properly and logically be inferred from and read - the principle that the grant of power includes all incidental powers necessary to
into the statute. make the exercise thereof effective implies the exclusion of those which are
- This doctrine may not be used to justify the inclusion in a statute of what to the greater than that conferred.
court appears to be wise and What is implied should not be against the law.
just, unless it is at the same time necessarily and logically within its terms. - The statutory grant of power does not include such incidental power which
- What may be necessarily implied from a statute should, in any event, be cannot be exercised without violating the Constitution, the statute conferring
consistent with, and not contrary to, the constitution or to existing laws. An the power, or other laws on the same subject.
implication which is violative of the law is unjustified or unwarranted. Authority to charge against public funds may not be implied
Remedy applied from a right - Unless a statute expressly so authorizes, no claim against public funds may be
allowed. Accordingly, a statute may not be so construed as to authorize, by
- Where there is a right, there is a remedy. Ubi jus, ibi remedium
implication, a charge against public funds.
- The fact that the statute is silent as to the remedy does not preclude him from Illegality of act implied from prohibition
vindicating his right, for such remedy is implied from such right. - Where a statute prohibits the doing of an act, the act done in violation thereof is
- Such right enforces itself by its own inherent potency and puissance, and from by implication null and void.
which all legislation must take their bearings. - The prohibited act cannot serve as a foundation of a cause of action for relief.
- “wrong” means deprivation or violation of a right, and is not equivalent to - Ex dolo malo non oritur: no man can be allowed to found a claim upon his own
“error.” wrongdoing or inequity
Grant of jurisdiction - Nullus commodum capere potest de injuria sua propria: no man should be
- Settled is the rule that jurisdiction to hear and decide cases is conferred only by allowed to take advantage of his own wrong.
the Constitution or by the Statute. - It is popularly known by the maxim: In pari delicto potior est condition
- Jurisdiction cannot be implied from the language of a statute, in the absence of defendentis
a clear legislative intent to that effect. Exceptions to the rule
What may be implied from grant of jurisdiction - the principle of pari delicto recognizes certain exceptions.
- to employ all writs, processes and other means essential to make its jurisdiction - It will not apply when its enforcement or application will violate an avowed
effective.
fundamental policy or public interest.
- Power to do all things which are reasonably necessary for the administration of
justice within the scope of its jurisdiction and for the enforcement of its
- Another exemption is that when the transaction is not illegal per se but merely
prohibited and the prohibition by law is designed for the protection of one
judgments and mandates, even though the court may be called to decide matters
party, the court may grant relief in favor of the latter.
which would not be within its cognizance as original caused of action.
What cannot be done directly cannot be done indirectly
- It can grant reliefs incidental to the main cause of action.
Grant of power includes incidental power
- Quando aliquid prohibetur ex directo, prohibeturet per obliquum
- As a rule, where a general power is conferred or duty enjoined, every particular - What the law prohibits cannot, in some other way, be legally accomplished.
power necessary for the exercise of one or the performance of the other is also There should be no penalty for compliance of law.
conferred. The incidental powers are those which are necessarily included in, For simple logic, fairness and reason cannot countenance an exaction or a penalty for an
and are therefore of lesser degree than the power granted. It cannot extend to act faithfully done in compliance with the law
other matters not embraced therein, nor are not incidental thereto.
CHAPTER 5: INTERPRETATION OF WORDS AND PHRASES
- Power conferred by law upon an administrative officer to issue rules and
regulations to carry out the purposes of a statute he is called upon to execute

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Generally General Words construed generally
- A word or phrase used in a statute may have an ordinary, generic, restricted, - Generalia verba sunt generaliter intelligenda or what is generally spoken shall
technical, legal, commercial or trade meaning. be generally understood or general words shall be understood in a general
- Which meaning should be given depends upon what the legislature intended. sense.
As a general rule in interpreting the meaning and scope of a term used in the - Generale dictum generaliter est interpretandum. A general statement is
law, a careful review of the whole law involved, as well as the intendment of understood in a general sense.
law, ascertained from a consideration of the statute as a whole and not of an
isolated part or a particular provision alone, must be made to determine the
- Where a word used in a statute has both a restricted and general meaning, the
real intent of the law. general must prevail over the restricted unless the nature of the subject matter
Statutory Definition or the context in which it is employed clearly indicates that the limited sense is
intended.
- The legislative definition controls the meaning of a statutory word, irrespective
of any other meaning the word or phrase may have in its ordinary or usual - A general word should not be given a restricted meaning where no restriction is
sense. indicated.
- For the legislature, in adopting a specific definition is deemed to have restricted Generic term includes things that arise thereafter
the meaning of the word within the terms of the definition. - progressive interpretation: extends by construction the application of a statute
- When the legislature defines a word, it does not usurp the court’s function to to all subjects or conditions within its general purpose or scope that come into
interpret the laws but it merely legislates what should form part of the law existence subsequent to its passage and thus keeps legislation from becoming
itself. ephemeral and transitory unless there is a legislative intent to the contrary.
- While the definition of terms in a statute must be given all the weight due to - It is a rule of statutory construction that legislative enactments in general and
them in the construction of the provision in which they are used, the terms or comprehensive terms, prospective in operation, apply alike to all persons,
phrases being part and parcel of the whole statute must be given effect in their subjects and business within their general purview and scope coming into
entirety as a harmonious, coordinated and integrated unit, not as a mass of existence subsequent to their passage.
heterogeneous and unrelated if not incongruous terms, clauses and sentences. Words with commercial or trade meaning
Qualification of rule - Words and Phrases, which are in common use among merchants and traders,
- The statutory definition of a word or term “as used in this Act” is controlling acquire trade or commercial meanings which are generally accepted in the
only in so far as said act is concerned. community in which they have been in common use.
- The general rule that the statutory definitions control the meaning of statutory - Settled is the rule that in the absence of legislative intent to the contrary, trade
words does not apply where its application creates obvious incongruities in the or commercial terms, when used in a statute are presumed to have been used in
language of the statute, destroys one of its major purposes, or becomes illogical their trade or commercial sense.
as a result of a change in its factual basis. Words with technical or legal meaning
- However, in a subsequent case, it was held that of a statute remains unchanged, - As a general rule, words that have or have been used in, a technical sense or
it must be interpreted according to its clear, original mandate until the those that have been judicially construed to have a certain meaning should be
legislature amends it. interpreted according to the sense in which they have been previously used,
Words construed in their ordinary sense although the sense may vary from the strict or literal meaning of the words.
- In construing words and phrases, the general rule is that in the absence of - The technical or legal, not the ordinary or general meaning of a word used in a
legislative intent to the contrary, they should be given their plain, ordinary, and statute should be adopted in the construction of the statute, in the absence of
common usage meaning. nay qualification or intention to the contrary.
- For words are presumed to have been employed by the lawmaker in their How identical terms in same statute construed
ordinary and common use and acceptation. - The general rule is that a word or phrase repeatedly used in a statute will bear
- The grammatical and ordinary reading of a statute must be presumed to yield the same meaning throughout the statute.
its correct sense. - The same word or substantially the same phrase appearing in different parts of
- Ubi lex non distinguit nec nos distinguere debemus a statute will be accorded a generally accepted and consistent meaning, unless a
different intention appears or is clearly expressed.

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 - The reason for the rule is that a word used in a statute in a given sense is - The rule founded on logic, is a corollary of the principle that general words and
presumed to be used in the same sense throughout the law. phrases in a statute should ordinarily be accorded their natural and general
- It is particularly applicable where in the statute the words appear so near each significance
other physically and particularly where the word has a technical meaning and - The rule requires that a general term or phrase should not be reduced into parts
that meaning has been defined in the statute. and one part distinguished from the other so as to justify its exclusion from the
Meaning of word qualified by purpose of statute operation of the law.
- The meaning of a words or phrase used in a statute may be qualified by the
purpose which induced the legislature to enact the statute.
- A corollary of the principle is the rule that where the law does not make any
exception, court may not except something therefrom, unless there is
- In construing a word or phrase, the court should adopt that interpretation that
compelling reason apparent in the law to justify it.
accords best with the manifest purpose of the statute or promotes or realizes its
object. - Ubi lex non distinguit, nec non distinguere debemus, applies not only in the
- It is generally recognized that if a statute is ambiguous and capable of more construction of general words and expressions used in a statute but also in the
than one construction, the literal meaning of the word or phrase used therein interpretation of a rule laid down therein.
may be rejected if the result of adopting such meaning will be to defeat the - This principle assumes that the legislature made no qualification in the use of a
purpose which the legislature had in mind. general word or expression.
Word or phrase construed in relation to other provisions - The courts may distinguish when there are facts or circumstances showing that
- The general rule is that a word, phrase or provision should not be construed in the legislature intended a distinction or qualification, for in such a case, the
isolation but must be interpreted in relation to other provisions of the law. This courts merely give effect to the legislative intent.
rule is a variation of the rule that a statute should be construed as a whole, and Disjunctive and conjunctive words
each of its provisions must be given effect. - The word “or” is a disjunctive term signifying disassociation and independence
- A word or provision should not be construed in isolation from, but should be of one thing from each of the other things enumerated. It should be construed in
interpreted in relation to, the other provisions of a statute or other statutes the sense in which it ordinarily implies, as a disjunctive word.
dealing on the same subject. - The use of the disjunctive word “or” between two phrases connotes that either
- The word or provision should not be given a meaning that will restrict or phrase serves as qualifying phrase.
defeat, but should instead be construed to effectuate, what has been intended in - The term “or” has sometimes been held to mean “and”, when the spirit or
an enacting law. context of the law so warrants.
Meaning of term dictated by context - The word “or” may also be used as the equivalent of “that is to say” giving that
- While ordinarily a word or term used in a statute will be given its usual and which it preceded it the same significance as that which follows it. It is not
commonly understood meaning, the context in which the word or term is always disjunctive and is sometimes interpretative or expository of the
employed may dictate a different sense. preceding word.
- The context in which the word is used oftentimes determines its meaning. - The word “or” may also mean successively.
- A word is understood in the context in which it is used. Verba accipienda sunt - The word “and” is a conjunction pertinently defined as meaning “together
secundum materiam with”, “joined with”, “along or together with”, “added to or linked to”, used to
- The context may likewise give a broad sense to a word of otherwise ordinarily conjoin word with word, phrase with phrase, clause with clause.
limited meaning. - The word “and” does not mean “or”; it is a conjunction used to denote a joinder
- The context may also limit the meaning of what otherwise is a word of broad or union, “binding together”, “relating the one to the other”.
signification. - However, “and” may mean “or” as an exception to the rule. The exception is
Where the law does not distinguish resorted to only when a literal interpretation would pervert the plain intention
- Where the law does not distinguish, courts should not distinguish. Ubi lex non of the legislature as gleaned from the context of the statute or from external
distinguit, nec nos distinguere debemus. factors.

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Noscitur a sociis o Statute contains an enumeration of particular and specific words,
- Where a particular word or phrase is ambiguous in itself or is equally followed by a general word or phrase. o The particular and specific
susceptible of various meanings, its correct construction may be made clear words constitute a class or are of the same kind
and specific by considering the company of words in which it is found or with o Enumeration of the particular and specific words is not exhaustive or
which it is associated. is not merely by examples
- Where the law does not define a word used therein, it will be construed as o No indication of legislative intent to give the general words or
having a meaning similar to that of words associated with or accompanied by phrases a broader meaning
it. - The rule of ejusdem generic does not require the rejection of general terms
- A word, phrase should be interpreted in relation to, or given the same meaning entirely.
of, words with which it is associated. - The rule is not of universal application, it should be used to carry out, not to
- Where most of the words in an enumeration of words in a statute are used in defeat, the intent or purpose of the law.
their generic and ordinary sense, the rest of the words should similarly be - If that intent clearly appears from other parts of the law, and such intent thus
construed. clearly manifested is contrary to the result which will be reached by applying
- Where a word with more than one meaning is associated with words having the rule of ejusdem generic, the rule must give way in favor of the legislative
specific or particular signification, the former should be given a specific or intent.
particular signification. Expressio unius est exclusio alterius
Ejusdem generic - Express mention of one person, thing or consequence implies the exclusion of
- While general words or expressions in a statute are, as a rule, accorded their all others.
full, natural, and generic sense, they will not be given such meaning if they are - It is formulated in a number of ways: o One variation of the rules is the
used in association with specific words or phrases. principle that what is expressed puts an end to that which is implied Expressum
- General rule is that where a general word or phrase follows an enumeration of facit cessare tacitum
particular and specific words of the same class or where the latter follow the o General expression followed by exceptions therefrom implies that
former, the general word or phrase is to be construed to include, or to be those which do not fall under the exceptions come within the scope of
restricted to, persons, things, or cases akin to, resembling, or of the same kind the general expression. Exceptio firmat regulam in casibus non
or class as those specifically mentioned. exceptis
- Where a statute describes things of particular class or kind accompanied by o Expression of one or more things of a class implies the exclusion of
words of a generic character, the generic words will usually be limited to things
all not expressed, even though all would have been implies had none
of a kindred nature with those particularly enumerated, unless there be
been expressed.
something in the context of the statute to repel such inference.
- The rule expressio unius est exclusio alterius and its variations are canons of
- Purpose: give effect to both the particular and general words, by treating the
restrictive interpretation.
particular words as indicating the class and the general words as indicating all
that is embraced in said class, although not specifically named by particular
- Basis: legislature would not have made specified enumerations in a statute had
the intention been not to restrict its meaning and confine its terms to those
words.
expressly mentioned. They are opposite the doctrine of necessary implication.
- This principle is based on the proposition that had the legislature intended the
Negative-opposite doctrine
general words to be used in their generic and unrestricted sense, it would not
- The principle that what is expressed puts an end to that which is implied is also
have enumerated the specific words.
known as negative-positive doctrine or argumentum a contrario.
- Application: where specific and generic terms of the same nature are employed
Application of expressio unius rule
in the same act, the latter following the former.
Limitations of Ejusdem generic - The rule of expressio unius est exclusio alterius and its corollary canons are
generally used in the construction of statutes granting powers, creating rights
- To be applicable, the following must concur:
and remedies, restricting common rights, and imposing penalties and
forfeitures, as well as those statutes which are strictly construed.

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 - Where a statute directs the performance of certain acts by a particular person or Doctrine of last antecedent
class or persons, it implies that it shall not be done otherwise or be a different - Qualifying words restrict or modify only the words or phrases to which they
person or class of persons. are immediately associated. They do not qualify words or phrases which are
- If a statute enumerates the things upon which it is to operate, everything else distantly or remotely located.
must necessarily, and by implication, be excluded. - In the absence of legislative intent to the contrary, preferential and qualifying
Limitations of rule words and phrases must be applied only to their immediate or last antecedent,
- The rule expressio unius est exclusio alterius is not a rule of law. It is a mere and not to the other remote or preceding words or association of words.
tool of statutory construction or a means of ascertaining the legislative intent. - The maxim expressive of this rule is proximum antecedens fiat relatio nisi
- The rule, not being inflexible nor a mechanical or technical tool, must yield to impediatur sententia, or relative words refer to the nearest antecedents, unless
what is clearly a legislative intent. the context otherwise requires.

- It is no more than an auxiliary rule of interpretation to be ignored where other - The use of comma to separate an antecedent from the rest exerts a dominant
circumstances indicate that the enumeration was not intended to be exclusive. influence in the application of the doctrine of last antecedent.
Qualification of the doctrine
- It should applied only as a means of discovering legislative intent and should
- Doctrine of last antecedent is subject to the exception that where the intention
not be permitted to defeat the plainly indicated purpose of the legislature.
of the law is to apply the phrase to all antecedents embraced in the provision,
- It will not apply where the enumeration is by way of example or to remove the same should be made extensive to the whole.
doubts only. - Slight indication of legislative intent so to extend the relative term is sufficient.
- It will not apply in case a statute appears upon its face to limit the operation of Nor does the doctrine apply where the intention is not to qualify the antecedent
its provisions to particular persons or things by enumerating them, but no at all.
reason exists why other persons or things not so enumerated should not have Reddendo singular singulis
been included and manifest injustice will follow by not including them. - The variation of the doctrine of last antecedent is the rule of reddendo singular
- The rule may be disregarded of it will result to incongruities or a violation of singulis. The maxim means referring each to each; referring each phrase or
the equal protection clause of the constitution, inconvenience, hardship and expression to its appropriate object, or let each be put in its proper place, that is,
injury to the public interest. the words should be taken distributively.
- Where the legislative intent shows that the enumeration is not exclusive, the - Reddendo singular singulis requires that the antecedents and consequences
maxim does not apply. should be read distributively to the effect that each word is to be applied to the
Doctrine of casus omissus subject to which it appears by context most appropriately related and to which
- The rule of casus omissus pro omisso habendus est states that a person, object it is most applicable.
or thing omitted from an enumeration must be held to have been omitted Provisos, generally
intentionally. - The office of a proviso is either to limit the application of the enacting clause,
section, or provision of a statute, or to except something therefrom, or to
- Principle proceeds from a reasonable certainty that a particular person, object
qualify or restrain its generality , or to exclude some possible ground of
or thing has been omitted from a legislative enumeration
misinterpretation of it, as extending to cases not intended by the legislature to
- The rule does not apply where it is shown that the legislature did not intend to be brought within its purview.
exclude the person, thing, object from the enumeration. If such legislative - Its primary purpose is to limit or restrict the general language or operation of
intent is clearly indicated, the court may supply the omission if to do so will the statute, not to enlarge it.
carry out the clear intent of the legislature and will not do violence to its
- A proviso is commonly found at the end of a section, or provision of a statute
language.
and is introduced, as a rule by the word “Provided”
- What determines whether a clause is a proviso is its substance rather than its
form. If it performs any of the functions of a proviso, then it will be regarded as

22
 such, irrespective of what word or phase is used to introduce it. It is a question Exceptions generally
of legislative intent. - An exception consists of that which would otherwise be included in the
Proviso may enlarge scope of law provision from which it is excepted.
- It has been held that “even though the primary purpose of the proviso is to - An exception will be construed as such if it removes something from the
limit or restrain the general language of a statute, the legislature, unfortunately, operation of a provision of law.
does not always use it with technical correctness; consequently, where its use - It is often said that an exception confirms the general rule. It should not be
creates an ambiguity, it is the duty of the court to ascertain the legislative construed to qualify the words or phrases constituting the general rule.
intention, through resort to the usual rules of construction applicable to statutes - It is well settled that the express mention of exceptions operates to exclude
generally and give it effect even though the statute is thereby enlarged, or the other exceptions and conversely, those which are not within the enumerated
provision made to assume the force of independent enactment and although a exceptions are deemed included in the general rule.
proviso as such has no existence apart from which it is designed to limit or - Exceptions, as a general rule, should be strictly but reasonably construed.
qualify. Exception and proviso distinguished
- A proviso may thus enlarge, instead of restrict or limit, what otherwise is a - an exception differs from a proviso. An exception exempts something absolute
phrase of limited import has there been no proviso qualifying it. from the operation of a statute, by express words in the enacting clause.
Proviso as additional legislation - A proviso defeats its operation conditionally.
- A proviso may also assume the role of an additional legislation. - A proviso avoids them by way of defeasance or excuse. An exception is
- A clear and unqualified purpose expressed in the opening statement of a section generally a part of the enactment itself, absolutely excluding from its operation
of a statute comprising several subdivisions has been construed as controlling some subject or thing that otherwise would fall within its scope.
and limiting a proviso attached to one of the subdivisions, where the proviso, if - But when the enactment is modified by engrafting upon it a new provision by
segregated therefrom, would mean exactly the reverse of what it necessarily way of amendment, providing conditionally for a new case, it is in the nature of
implied when read in connection with the limitation. a proviso.
What proviso qualifies - One of the functions of a proviso is to except something from an enacting
- The general rule is that the office of the proviso qualifies or modifies only the clause. In this sense, an exception and a proviso are similar.
phrase immediately preceding it or restrains or limits the generality of the Saving clause
clause that it immediately follows. - It is a clause in a provision of law which operates to except from the effect of
- It should be confined to that which directly precedes it, or to the section to the law what the clause provides or to save something which would otherwise
which it has been appended, unless it clearly appears that the legislature be lost.
intended it to have a wider scope. - It is used to except or save something from the effect of a repeal of a statute.
Exception to the rule - It should be construed in the light of the intent or purpose of the legislature (the
- Where the legislative intent is to restrain or qualify not only the phrase principal consideration being to effectuate such intent or carry out such
immediately preceding it but also earlier provisions of the statute or even the purpose).
statute itself as a whole, then the proviso will be construed in that manner, in - It should be given a strict or liberal construction depending upon the kind of
order that the intent of the law may be carried out. interpretation that should, considering its nature, be given to the statute as a
Repugnance between proviso and main provision whole.
- A proviso should be so construed as to harmonize and not to repeal or destroy, CHAPTER 6: STATUTE CONSTREUD AS
the main provision of the statute. WHOLE AND IN RELATION TO OTHER
- When there is an irreconcilable conflict or repugnancy between a proviso and STATUTES
the main provision of a statute, that which is a located in a later portion of the 6.01 Generally
statute prevails, unless there is a legislative intent to the contrary or such A statute is passed as a while and not in parts or sections and is animated by one general
construction will destroy the whole statute itself. purpose and intent. Consequently, each part or section should be construed in connection
- The latter provision, whether a proviso or not, is given preference because it is with every other part and section so as to produce a harmonious whole. Whole and every
the latest expression of the intent of the legislation. part of statute should be construed together.

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6.02 Intent ascertained from statue as whole The intent or meaning of a statue should 6.08 Reason for the rule
be ascertained from the statute taken as a whole and not from an isolated part or The construction that requires that apparently conflicting provisions of a statute
provision thereof. The legislative meaning is to be extracted form the statue as a be reconciled and harmonized, if at all possible and that a provision should be so
whole. Its clauses are not to be segrated, but every part of a statute is to be construed construed as not to nullify another, is based on the presumption that the legislature has
with reference to every other part and every word and phrase in connection with its enacted a statute whose provisions are in harmony and consistent with each other and that
context. Optima statute interpretatrix est ipsum statutum. The best interpreter of a conflicting intentions in the same statue are never supposed or regarded.
statute is the statue itself. 6.09 Qualification of rule
6.03 Purpose or context as controlling guide A statute must always be construed as a One part of a statute cannot be reconciled or harmonized with another part
whole, and the particular meaning to be attached to any word or phrase is usually to be without nullifying one in favor of the other, the court should, in construing the statue,
ascertained from the context, the nature of the subject treated and the purpose or intention choose one which will best effectuate the legislative intent. Rule: where absolute
of the body which enacted or framed the statute. Statute must receive a reasonable harmony between parts of a statue is demonstrably not possible, the court must reject that
construction, reference being had to their controlling purpose, to all their provisions, one which is least in accord with the general plan of the whole statue. However, if there
force and effect being given not narrowly to isolated and disjoined clauses, but to their be no such ground for choice between inharmonious provisions or sections, the latter
spirit, broadly taking all their provisions together in one rational view. provision or section, beign the last expression of the legislative will, must, in
6.04 Giving effect to statute as a whole construction, vacate the former to the extent of the repugnancy.
Because a statute is enacted in whole and not in parts or sections, which implies that one
part is as important as the other, the statue should be construed and given effect as a 6.10 Construction as to give life to law
whole. A provision or section which is unclear by itself may be made clear by reading Law must receive sensible interpretation to promote the ends for which they are
and construing it in relation to the whole statute. Every part of a statute should be given enacted. They should be given reasonable and practical construction as will give life to
effect because a statute is enacted as an integrated measure and not as a hodgepodge of them, if it can be done without doing violence to reason. Conversely, a law should not be
conflicting provisions. construed as to allow the doing of an act which is prohibited by law, nor so interpreted as
Court should adopt a construction that will give effect to every part of a statue, if at all to afford an opportunity to defeat compliance in terms, create an inconsistency, or
possible. This rule is expressed in the maxim ut res magis valeat quam pereat or the contravene the plain words of the law. Interpretatio fienda est ut res magis valeat quam
construction is to be sought which gives effect to the whole of the statute—its every pereat or that interpretation that will give the thing efficacy is to be adopted.
word. The court should start with the assumption that the legislature did not do a vain
6.05 Apparently conflicting provisions reconciled The rule that a statute must be thin gin the enactment of the statute. It is to be presumed that the law is complete by
construed and given effect as a whole requires that apparently conflicting provisions itself. Ut res magis valeat quam pereat, that the courts should, if reasonably possible to
should be reconciled and harmonized, if at all possible. All the provisions, even if do so without violence to the spirit and language of an act, so interpret a statute as to give
apparently contradictory, should be allowed to stand and given effect by reconciling it efficient operation and effect as a whole.
time. The statute must be so construed as to prevent a conflict between parts of it. For it 6.11 Construction to avoid surplusage
is only by so construing a statute that the statute will be given effect as a whole. The rule that a statue should be given effect as a whole requires that the state be
6.06 Special and general provisions in same statute so construed as to make no part of provision thereof surplusage. A legal provision must
When there is a particular or special provision and a general provision in the same statue not be so construed as to be a useless surplusage, and accordingly, meaningless in the
and the latter in its most comprehensive sense would overrule the former, the particular or sens of adding nothing to the law or having no effect whatsoever therein. Nor should a
special provision must be operative and the general provision must be taken to affect only word be so construed as to render other words or phrases associated with it serves no
the other parts of the statute to which it may properly apply. The particular or special purpose. For the legislature, in enacting a law, is presumed to have used the word or
provision is construed as an exception to the general provision. phrase for a purpose. In short, the legislature, in enacting a statute, is supposed not to
6.07 Construction as not to render provision nugatory insert a provision which is unnecessary and a surplusage.
The whole state should, if possible, be given effect is that a provision of a 6.13 Statute and its amendments construed together
statute should be so construed as not to nullify or render nugatory another provision of All parts of a statute are to be harmonized and reconciled so that effect may be
the same statute. given to each and every part thereof applies to the construction of a statute and its
Interpretatio fienda est ut res magis valeat quam pereat, which means that a amendments. Amendments should be given effect. It is to be presumed that the changes
law should be interpreted with a view to upholding rather than destroying it. A have some purpose, which should be ascertained and given effect.
construction that would render a provision inoperative or ineffective should be avoided.

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B. STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND OTHER Prior statutes relating to the same subject matter are to be compared with the new
STATUTES provisions, and if possible by reasonable construction, both are to be construed that effect
6.14 Statute construed in harmony with the Constitution is given to every provision of such. Statutes in pari materia, although in apparent conflict,
As the Constitution is the fundamental law to which all laws are subservient, a are so far as reasonably possible construed to be in harmony with each other.
statute should not be interpreted independently of the Constitution. The statute should be Interpretare et concordare leges legibus, est optimus interpretandi modus, which means
construed in harmony with and not in violation of the fundamental law. It is presumed that the best method of interpretation is that which makes laws consistent with other laws.
that the legislature in enacting a law, have adhered to the constitutional limitations. When two or more statutes on the same subject were enacted at different times
A statute should be construed whenever possible in a manner that will avoid and under dissimilar circumstances or conditions, their interpretation should be in
conflict with the Constitution. It should not be construed in such a way as will give rise to accordance with the circumstances or conditions peculiar to each, in order that the
a constitutional doubt. Nor should it be interpreted in such a manner as will render its statutes may be harmonized or better understood. Rule based on: distingue tempora et
application violative of a constitutional inhibition. It should be interpreted in consonance, concordabis jura, or distinguish times and you will harmonize laws.
rather than repugnant to, any constitutional command or prescription. A statute will not, however, be construed as repealing prior act on the same
Where a statute is reasonable susceptible of two constructions, one subject in the absence of words to that effect, unless there is an irreconcilable repugnancy
constitutional and the other unconstitutional, that construction in favor of its between them or unless the new law is evidently intended to supersede all prior acts on
constitutionality shall be adopted and the construction that will render it invalid rejected. the matter and to comprise itself the sole and complete system of legislation on the
Every intendment of law should lean towards its validity and the court should favor that subject.
construction which gives it the greater chance of surviving the test of constitutionality. 6.17 Reasons why laws on same subject are reconciled
If there is doubt or uncertainty as to the meaning of the legislature, if the words In enacting a statute, the legislature is presumed to have been aware of, and
or provisions are obscure, or if the enactment is fairly susceptible of two or more have taken into account, prior laws on the subject of legislation. It cannot be said that
constructions, that interpretation will be adopted which will avoid the effect of they intended the establishment of conflicting and hostile systems on the same subject, or
unconstitutionality, even though it may be necessary, for this purpose, to disregard the to leave in force provisions of a prior law which may thwart and overthrow the will of the
more usual or apparent import of the language employed. However, the court cannot, in legislature.
order to bring a statute within the fundamental law, amend it by construction. 6.18 Where harmonization is impossible
6.15 Statutes in pari materia If two or more laws on the same subject cannot possibly be reconciled or
Statutes are in pari material when they relate to the same person or thing, or harmonized, one has to give way in favor of the other. There cannot be two conflicting
have the same purpose or object, or cover the same specific or particular subject matter. laws on the same subject. The earlier one must yield to the later one, it being the later
The later statute may specifically refer to the prior statutes. The fact that no reference is expression of the legislative will.
made to the prior law does not mean that the two laws are not in pari materia. It is 6.19 Illustration of the rule
sufficient, in order that they may be considered in pari materia, that the two or more 6.20 General and special statutes
statute relate to the same specific subject matter. Two laws are not in pari materia if they A general statute is a statute which applies to all of the people of the state or to
refer to different specific matters, although they both fall under the same broad subject. all of a particular class of persons in the state with equal force. It is one which embraces
6.16 How statutes in pari materia construed of a class of subject or places and does not omit any subject or place naturally belonging
A statute should be construed as to harmonize with other laws on the same to such class. A special statute is one which relates to particular persons or things of a
subject matter as to form a complete, coherent and intelligible system. Interpretare et class or to a particular portion or section of the state only.
concordare leges legibus est optimus interpretandi modus or every statute must be so A general law and special law on the same subject are statutes in pari material
construed and harmonized with other statutes as to form a uniform system of and should, accordingly be read together and harmonized, if possible, with a view to
jurisprudence. giving effect to both. Rule: where there are two acts, one of which is special and
Statutes in pari materia should be construed together to attain the purpose of an particular and the other general which, if standing alone, would include the same matter
express national policy. For the assumption is that whenever the legislature enacts a law, and thus conflict with the special act, the special must prevail since it evinces the
it has in mind the previous statutes relating to the same subject matter, and in the absence legislative intent more clearly than that of a general statute and must be taken as intended
of any express repeal or amendment, the new statute is deemed enacted in accord with the to constitute an exception to the general act.
legislative policy embodied in the prior statutes and they should be construed together. The circumstance that the special law is passed before or after the general act
Provisons in an act which are omitted in another act relating to the same subject matter does not change the principle. Where the special law is later, it will be regarded as an
will be applied in a proceeding under the other act when not inconsistent with its purpose. exception to or qualification of, the prior general act; and where the general act is later,

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the special statute will be construed as remaining an exception to its terms, unless The reenactment is a legislative expression of intention to adopt the
repealed expressly or by necessary implication. construction as well as the language of the prior act. Rule: when a statute or a provision
Where two statutes are of equal theoretical application to a particular case, the thereof has been construed by the court of last resort and the same is substantially
one designed therefore specially should prevail. reenacted, the legislature may be regarded as adopting such construction, and the
6.21 Reason for the rule construction which the adopted statute previously received.
Reason: (special as exception to the general) the legislature in passing a law of The rule is that two statute with a parallel scope, purpose and terminology
special character has its attention directed to the special facts and circumstance which the should, each in its own field, have a like interpretation, unless in particular instances
special facts and circumstances which the special act is intended to meet. there is something peculiar in the question under the consideration, or dissimilar in the
6.22 Qualifications of the rule terms of the act relating thereto, requiring a different conclusion.
The rule is not absolute. One exception is that where the legislature clearly 6.26 Adoption of contemporaneous construction
intended the later general enactment to cover the whole subject and to repeal all prior The reenactment of a statute which has received a practical or
laws inconsistent therewith, the general law prevails over a special law on the subject. In contemporaneous construction by those charged with the duty of executing it is a
such case, there is a repeal of the special law. persuasive indication of the adoption by the legislature of the prior practical or executive
Another exception: where the special law merely establishes a general rule construction, the legislature being presumed to know the existence of such construction
while the general law creates a specific and special rule, in which case the general law when it made the reenactment.
prevails over the special law. 6.27 Qualification of the rule the rule that when a judicial or contemporaneous
The rule does not apply where the situation is reversed, that is, the general law construction has been given to a statute, the reenactment of the statute is generally held to
treats the subject in particular and the special law refers to it in general. In this situation, be in effect a legislative adoption of the construction, applies only when the statute is
the general law prevails over the special law in the event of repugnancy or conflict capable of the construction given to it and when the construction has become a settled
between the two laws. rule of conduct.
6.23 Reference statutes 6.28 Adopted statutes
A reference statute is a statute which refers to other statutes and makes them An adopted statute is statute patterned after, or copied from a statute of a
applicable to the subject of legislation. It is incorporation in a statute of another statute by foreign country. In construing it, the court should take into consideration the construction
reference. It is used to avoid encumbering the statute books of unnecessary repetition, of the law by the courts of the country from which it is taken, as well as the law itself and
and they have been recognized as an approved method of legislation, in the absence of the practices under it, for the legislature is presumed to have adopted such construction
constitutional restrictions. and practices with the adoption of the law. The presumption does not, however, apply to
The adoption by reference of a statute that was previously repealed revives the construction given the statute subsequent to its adoption, although it had persuasive effect
statute. The adoption takes the adopted statute as it exists at the tie of adoption and does on the interpretation of the adopted statute.
not include the subsequent changes or modification of the statute so taken, unless it does Chapter 7: STRICT OR LIBERAL
so expressly.
CONSTRUCTION
A reference statute should be so construed as to harmonize with, and to give
effect to, the adopted statute. A. IN GENERAL
6.24 Supplemental statutes 7.1. Generally:
A supplemental act is one intended to supply deficiencies in an existing statute Whether a statute is to be given a strict or liberal construction will be
and to add, to complete, or extend the statute without changing or modifying its original depend upon the nature of the statute, the purpose to be subserved and the
text. The original statute and the supplemental act should be read and construed together mischief to be remedied, and a strict or liberal interpretation will be given a
to make an intelligible whole. statute that will best accomplish the end desired and effectuate legislative
6.25 Reenacted statutes intent.
A statute which reenacts a previous statute or the provisions thereof is known 7.2. Strict construction, generally
as reenacted statute. A reenactment is one in which the provisions of an earlier statute are Strict construction is that construction according to the letter of a
reproduced in the same or substantially the same words. The reenactment may also be statute, which recognizes nothing that is not expressed, takes the language used
made by reference. Thus, where a statute provides that all laws not inconsistent with the in its exact meaning, and admits no equitable consideration. It does not mean
provisions thereof are deemed incorporated and made integral parts thereof by reference, giving a statute its narrowest meaning of which it is susceptible. Nor does it
such previous laws on the same subject matter are deemed enacted. mean that words shall be so restricted as not to have their full meaning. Scope

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 of statute shall not be extended or enlarged by implication, intendment, or Penal statutes refer to those laws by which punishments are imposed
equitable consideration beyond the literal meaning of its terms. for violation or transgression of their provisions. Acts of the legislature which prohibit
7.3. Liberal construction, defined. certain acts and establish penalties for their violation; or those that define crimes, treat of
Liberal constructions means such equitable construction as will their nature and provide for their punishment. Penal or criminal laws are those which
enlarge of a statute to accomplish its intended purpose, carry out its intent, or impose punishment for an offense committed against the state, and which the chief
promote justice. It does not mean enlargement of a provision which is clear, executive has the power to pardon. A statute which decrees the forfeiture in favor of the
unambiguous and free from doubt, for a statute which is plain and clear is not state of unexplained wealth acquired by a public official while in office is criminal in
subject to construction. Liberal construction is that construction which expands nature.
the meaning of a statute to meet cases which are clearly within the spirit or 7.8. Penal statutes strictly construed.
reason thereof or within the evil which the statute was designed to remedy, or Penal or criminal laws are strictly construed against the State and
which give the statute its generally accepted meaning to the end that the most liberally in favor of the accused cannot be enlarged or extended by intendment,
comprehensive application thereof maybe accorded, without being inconsistent implication, or any equitable consideration. The language of a penal statutes cannot be
with its language or doing violence to any of its terms. Liberal construction enlarged beyond the ordinary meaning of its terms in order to carry into effect the general
means that the words should receive a fair and reasonable interpretation, so as purpose for which the statute was enacted. Resolved in favor of the person accused of
to attain the intent, spirit and purpose of the law. violating the statute.
7.4. Liberal construction applied, generally. No person should be brought within the terms of a statute who is not clearly within them,
The literal meaning of the words used may be rejected if the result of nor should any act be pronounced criminal which is not clearly made so by the statute.
adopting said meaning would be to defeat purpose of the law. Liberal The rule that penal statutes are strictly construed does not mean that every penal
interpretation so as to save the statute from obliteration, ut res magis valeat law must be so narrowly construed as to defeat the law itself; it merely means that they
quam pereat. Construction by this nature and the act of the court in engrafting are not to be construed so strictly as to nullify or destroy the obvious purpose of the
upon a law something which its believes ought to have been embraced therein. legislature. Be construed with such strictness as to carefully safeguard the rights of the
The former is liberal construction and is a legitimate exercise of judicial power. defendant and at the same time preserve the obvious intention of the legislature. It will
The latter is judicial legislation forbidden by the tripartite division of powers endeavor to effect substantial justice.
among the three departments of government, the executive, the legislative and Careful scrutiny safeguard the rights of the accused. Two reasonable but
the judicial. A statute may not be liberally construed to read into it something contradictory constructions, that which operates in favor of a party accused under its
which its clear and plain language rejects. provision is to be preferred. The principle is that acts in and of themselves innocent and
7.5. Construction to promote social justice. lawful cannot be held to be criminal unless there is a clear and unequivocal expression of
“It (social justice mandate) is meant for the three departments: the the legislative intent to make them such.
legislative, executive, and judicial, because the latter two are no less than the agencies of 7.9. Reason why penal statutes are strictly construed.
the state than the first. Enhance social justice. Law is tender in favor of the rights of an individual; the object is to
7.6. Construction taking into consideration general welfare or growth of civilization. establish a certain rule by conformity to which mankind would be safe, and the discretion
Some authorities advocate a construction which seeks an expansive of the court limited. The purpose of strict construction is not to enable a guilty person to
application of statutes to attain the general welfare. salus populi est suprema lex. Statute escape punishment through a technicality but to provide a precise definition of forbidden
enacted for the public good are to be construed liberally. Statuta pro publico commodo acts.
late interpretantur. An authority on the subject expounds on this type of construction: 7.10. Acts mala in se and mala prohibita.
“There is for me in all cases a principle of statutory construction not to be found on the General rule is that a penal statute will not be construed to make the
books, but which for the Philippine Islands is all-important. In the resolution of all commission of certain prohibited acts criminal without regard to the intent of the doer,
questions, I begin with these queries: what is for the best interest of the Filipino people? unless there is a clear legislative intent to the contrary; evil intent must combine with an
“The statute in general has two, articulate organs for lawmaking purposes – the act. Actus non facit reum nisi mens sit rea, the act itself does not make a man guilty
legislature and the tribunal. First organ makes new law, the second attests and confirms unless his intention were so. Actus me invito factus non est meus actus, an act done by
old law. Statutes must be interpreted in the light of the growth of civilization and varying me against my will is not my act. Mala in se, criminal intent, apart from the act itself, is
conditions. required but in those which are mala prohibita the only inquiry is, has the law been
7.7. Penal statutes, generally. violated.
7.12 Limitation of the rule.

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 The rule that penal statutes are given a strict construction is not the Legislative grants in favor of local government units are grants of a
only factor in the interpretation of the criminal laws; merely serves as an additional factor public nature, and hence, should be strictly construed against the grantee.; there is in such
to be considered as an aid in ascertaining the meaning of penal laws. A strict construction a grant a gratuitous donation of public money or property which results in an unfair
should not be permitted to defeat the intent, policy, and purpose of the statute. The court advantage to the grantee and for that reason, the grant should be narrowly restricted in
should consider the spirit and reason of a statute where a literal meaning would lead to favor of the public.
absurdity, contradiction, injustice, or would defeat the clear purpose of the law, for strict 7.17 Statutory grounds for removal of officials.
construction of a criminal statute does not mean such construction as to deprive it of the Statutes relating to suspension or removal of public officials are
meaning intended. strictly construed. ; removal is to be confined within the limits prescribed for it; the
Capable of two interpretations, one which will operate to exempt an accused causes, manner and conditions fixed must be pursued with strictness; where the cause of
from liability for violation thereof and another which will give effect to the manifest removal is specified, the specification amounts to a prohibition to remove for a different
intent of the statute and promote its object, the latter the interpretation should be adopted; cause, which is a paraphrase of the maxim expressio unius est exclusion alterius. ;
they are not to be so strictly construed as to defeat the obvious purpose of the legislature. remedy of removal is drastic one and penal in nature.; where a statute provides that a
7.13 Statutes in derogation of rights. public official may be removed for “neglect of duty, oppression, corruption or other forms
People in republican state enjoy certain rights, which are either of maladministration in office,” the phrase ‘in office” should be construed to qualify the
inherent or guaranteed by the constitution or protected by law; rights are not absolute, and enumerated grounds, in that the grounds must be such as affect the officer’s performance
the state, in the exercise of its police power, may enact legislations curtailing or of his duties as an officer and not such as affect only his character as a private person.
restricting their enjoyment. As these statutes are in derogation of common or general 7.18 Naturalization laws.
rights, they are generally strictly construed and rigidly confined to cases clearly within Laws on naturalization are strictly construed against an applicant for
their scope or purpose.; two reasonably possible constructions, one which would citizenship and rigidly followed and enforced. ; right of an alien to become a citizen by
diminish or restrict fundamental right of the people and the other of which would not do naturalization is a statutory rather that a natural one, and it does not become vested until
so, the latter construction must be adopted so as to allow full enjoyment of such he files a petition and establishes by competent and satisfactory evidence that he has all
fundamental right. the qualifications and none of the disqualifications specified by law.
7.14 Statutes authorizing expropriations. 7.19 Statutes imposing taxes and custom duties.
The power of eminent domain is essentially legislative in nature. The The power to tax is an incident of sovereignty and is unlimited in its
legislature may not, however, by itself, exercise such power by enacting a law directly range, acknowledging in its very nature no limits, so that security against its abuse the is
expropriating a particular land and fixing the amount of just compensation thereof. It to be found only in the responsibility of the legislature which imposes the tax of the
may delegate the power, by law, subject to hearing as to just compensation to the constituency who are to pay it. ; “power to tax involves the power to destroy.” ;
president, local government units, or a public utility company.; strictly construed against tax statutes must be construed strictly against the government and liberally in favor of the
the expropriating authority and liberally in favor of property owners; “exercise of the taxpayer. ; the statute is to be construed strictly against the subjection to tax liability, and
right of eminent domain, whether by the state or by its authorized agents, is necessarily in it will not be construed as imposing a tax unless it does so clearly, expressly and
derogation of private rights, and the rule in that case is that the authority must be strictly unambiguously . a tax cannot be imposed without clear and express words for that
construed; right to freehold inhabitants. purpose. Tax or customs laws may not be extended by implication beyond the clear
7.15 Statutes granting privileges. import of their language, nor their operation enlarged so as to embrace matters not
Statutes granting advantages to private persons or entities have in specifically provided. ;
many instance created special privileges or monopolies for the rantees and have thus been Reason – taxation is a destructive power which interferes with the personal and
viewed with suspicion and strictly construed; public advantage is gained by the grant, it property rights of the people and takes from them a portion of their property for the
narrowly appears to be secondary significance compared with the advantage gained by support of the government.; burdens are not to be imposed, nor presumed to be imposed,
the grantee. beyond what the statutes expressly and clearly import.
Strict construction requires that those who invoke a special privilege 7.20 Statutes granting tax exemptions.
granted by the statute must comply strictly with its provisions. Privilegia recipient Taxes are what the people pay for civilized society. ; lifeblood of the
largam interpretationem voluntati consonam concedentis, or privileges are to be nation. The law frowns against exemptions from taxation. Laws granting tax exemptions
interpreted in accordance with the will of him who grants them. are thus construed strictissmi juris against the taxpayer and liberally in favor of the taxing
7.16 Legislative grants to local government units. authority. Taxation is the rule and exemption is theexception. The burden of proof rests
upon the party claiming exemption to prove that it is in fact covered by the exemption so

28
claimed. Statutes granting tax exemptions are construed strictissimi juris against the Similarly, a statute, rule or situation which allows exceptions to the
taxpayer and liberally in favor of the taxing authority. Basis – to minimize the different requirement of warrant of arrest or search warrant must be strictly construed. A
treatment and foster impartiality, fairness and equality of treatment among taxpayers. For preference is an exception to the general rule and it is what its name implies.
exemptions from taxation are not favored in law, nor are they presumed. They must be A proviso should be interpreted consistently with the legislative
expressed in the clearest and most unambiguous language and not left to mere intent. The reason is that the legislative purpose set forth in the general enactment
implications. “exemptions are never presumed, the burden is on the claimant to establish expresses the legislative policy and only those expressly exempted by the proviso should
clearly his right to exemption and an alleged grant of exemption will be strictly construed be freed from the operation of the statute.
and cannot be made out by inference or implications but must be beyond reasonable C. STATUTES LIBERALLY CONSTRUED
doubt. In other words, since taxation is the rule and exemption the intention to make an 7.26 General social legislation
exemption ought to be expressed in clear and unambiguous terms. Implement the social justice and protection-tolabor provisions of the
7.21 Qualification of rule. Constitution are known as general welfare legislations. These statutes are construed
Not absolute. Where the provision of the law is clear and liberally. General welfare legislations, the courts will be guided by more than just an
unambiguous , so that there is no occasion for the court seeking the legislative intent, inquiry into the letter of the law as against its spirit and will ultimately resolve any doubt
the law must be taken as it is, devoid of judicial addition or subtraction. Law provides in favor of the persons whom the law intended to benefit.
no qualification for the granting of tax exemption, the court is not at liberty to supply Labor laws, tenancy laws, land reform laws and social security laws.
one..; does not apply in the case of tax exemptions in favor of the government itself or its However, while general welfare legislations are construed liberally in favor of those
agencies. intended to be benefited, this principle holds true only when there is doubt or ambiguity
7.22 Statutes concerning the sovereign. in the law and not when the law itself is clear and free doubt.
Restrictive statutes which impose burdens on the public treasury or Workingman’s welfare should be the primordial and paramount
which diminish rights and interest are strictly construed. For this reason, such statutes , consideration. Article 4 of the New Labor Code which states that ‘all doubts in the
no matter how broad their terms are, do not embrace the sovereign, unless the sovereign implementation and interpretation of the provisions of the Labor Code including its
is specifically mentioned. implementing rules and regulations shall be resolved in favor of labor. Based on the
7.23 Statutes authorizing suits against the government. premise that the statute is ambiguous.
“State may not be sued without its consent.” – reaffirms universal rule 7.27 General welfare clause.
that the sovereign is exempt from suit, in the absence of its consent to be sued usually in The general welfare clause on the power of local government has two
the form of a statute to that effect, not because of any formal conception or absolute branches. One branch attaches itself to the main trunk of municipal authority and relates
theory but on the logical and practical ground that there can be no legal right depends. to such ordinances and regulations as may be necessary to carry into effect and discharge
Nullum tempus occurrit regi. A statute whereby the state gives its consent to be sued is the powers and duties conferred upon local legislative bodies by law. The second branch
strictly construed, and the waiver of immunity from suit, being in derogation of is much more independent of the specific functions enumerated by law. It authorizes such
sovereignty, will not be lightly inferred. ordinances as shall seem necessary and proper to provide for the health and safety,
7.24 Statutes prescribing formalities of will. promote the prosperity, improve the morals, peace, good order, comfort, and convenience
Statutes prescribing the formalities to be observed in the execution of of the local government unit and the inhabitants thereof, and for the protection of the
wills are strictly construed, ; a will must be executed in accordance with the statutory property therein.
requirements, otherwise it is entirely void. ; apply the intent of the legislators and not The general welfare clause should be construed liberally in favor of
that of the testator, and the latter’s intention is frequently defeated by the non-observance the local government units.
of what the statute requires. 7.28 Grant of power to local governments.
7.25 Exceptions and provisos. Limited self-government to full autonomy. The old rule is that
As a rule, exceptions should be strictly but reasonably construed; municipal corporations, being mere creatures of the law, have only such powers as are
they extend only so far as their language fairly warrants, and all doubts should be expressly granted to them and those which are necessarily implied or incidental to the
resolved in favor of the general provision rather than the exception. The court will not exercise thereof and that grants of power to them are to be construed strictly and any
curtail the former nor add to the latter by implication, and it is a rule that an express doubt should be resolved in favor of the national government and against the political
exception excludes all others, although it is always proper in determining the applicability subdivision concerned.
of this rule to inquire whether, in the particular case, it accords with reason and justice. The rule of construction change with the enactment of Republic Act
No.2264, otherwise known as the Local Autonomy Act. Section 12 of said Act provides

29
in part that the ‘implied power of a province, a city or a municipality shall be liberally Such laws are intended to hasten tax payments or to punish evasions or neglect of duty in
construed in its favor. Any fair and reasonable doubt as to the existence of the power respect thereto.
should be interpreted in favor of the local government and it shall be presumed to exist. They will not place upon tax laws so loose a construction as to permit
This liberal construction is fortified by the Constitution. 1973 Constitution is towards the evasions on merely fanciful and insubstantial distinctions. When proper, a tax statute
fullest autonomy of local government units. should be construed to avoid the possibilities of tax evasions.
Local Government Code – ‘any power of a barangay, municipality, 7.32 Election Laws.
city or province shall be liberally construed in its favor. Election laws should be reasonably and liberally construed to achieve
Shall be resolved in favor of devolution of powers and of the lower their purpose – to effectuate and safeguard the will of the electorate in the choice of their
local government unit. Tax ordinance or revenue measure shall be construed strictly representatives – for the application of election laws involves public interest and imposes
against the local government unit enacting it, and liberally in favor of the taxpayer. Any upon the Commission on Elections and the courts the imperative duty to ascertain by all
tax exemption construed strictly against the person claiming it; Liberally interpreted to means within their command who is the real candidate elected by the people.
give more powers to local government units in accelerating economic developmet and Elections laws may be divided into three parts for purposes of
upgrading the quality of life for the people in the community; governed by the original applying the rules of statutory construction. The first part refers to the provisions for the
terms and conditions of said contracts or the law in force at the time such rights were conduct of elections which elections officials are required to follow. The second part
vested; resolution of controversies may be had to the customs and traditions in the place covers those provisions which candidates for office are required to perform. The third
where the controversies take place. part embraces those procedural rules which are designed to ascertain, in case of dispute,
7.29 Statutes granting taxing power. the actual winner in the elections.
Before the 1973 Constitution, the rule is that a local government unit, “rules and regulations for the conduct of elections are mandatory
unlike the sovereign state is clothed with no inherent power of taxation. And the taxing before the election, but when it is sought to enforce them after the elections they are held
power when granted is to be construed strictissimi juris. Any doubt or ambiguity arising to be directory only, if that is possible, especially where, if they are held to be mandatory,
out of the terms used in granting that power must be resolved against the local innocent voters will be deprived of their votes, without any fault on their part. Generally,
government unit. Inferences, implications, and deductions have no place in the “the provisions of a statute as to the manner of conducting the details of an elections are
interpretation of the taxing power of a municipal corporation. not mandatory, but directory merely, and irregularities in conducting an elections and
Based on the concept that local government, unlike the sovereign counting the votes, not proceeding from any wrongful intent and which deprives no legal
state, are allocated with no inherent power to tax. The New Constitution has changed voter of his votes, will not vitiate an election or justify the rejection of the entire votes of
such concept. The Constitution provides that “Each local government unit shall have the a precinct.
power to create its own sources of revenue and to levy taxes, fees and charges subject to The provisions of the election law which candidates for the office are
such guidelines and limitations as the congress may provide, consistent with the basic required to comply are generally regarded as mandatory. Qualifications of candidates,
policy of local autonomy. Statutes prescribing limitations of the taxing power of local requiring the filing of certificates of candidacy, defining election offenses, and limiting
government units must be strictly construed against the national government and liberally the period within which to file election contests, are mandatory and failure to comply
in favor of the local government units. with such provisions are fatal.
7.30 Statutes prescribing prescriptive period to collect taxes. The provisions of the election law designed to determine the will of
Statutes prescribing the period of limitation of action for the the electorate are liberally construed. Technical and procedural barriers should not be
collection of taxes is beneficial both to the government because tax officers would be allowed to stand if they constitute an obstacle in the choice of their elective officials.
obliged to act promptly in the making of assessment, and to citizens because after the Election law intended to safeguard the will of the people in their
lapse of the peiod of prescription, citizens would have a feeling of security against choice of their representatives should be construed liberally to achieve such purpose.
unscrupulous tax agents who will always find an excuse to inspect the books of taxpayers, Election protest, which should be liberally construed to the end that
not to determine the latter’s real liability, but to take advantage of every opportunity to the popular will expressed in the election of public officers will not, by reason of purely
molest peaceful, law-abiding citizens. technical objections, be defeated.
7.31 Statues imposing penalties for non-payment of tax. Rigid application of the law that will preclude the court from
Statues imposing penalties for non-payment of taxes within the ascertaining the popular will should be rejected in favor of a liberal construction thereof
required period are liberally construed in favor of the government and strictly observed that will subserve such end, where a rigid and strict application and enforcement of
and interpreted against the taxpayer. Strong reasons of public policy support this rule. provisions of the election law will safeguard popular will and prevent transgression of
suffrage and the mandate of the majority, the provisions will be given strict construction.

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Election contest, especially appreciation of ballots, must be liberally construed to the end Lapses in the literal observance of a rule of procedure will be
that the will of the electorate in the choice of public officials may not be defeated by overlooked when they do not involve public policy, when they arose from an honest
technical infirmities. mistake or unforeseen accident, when they have not prejudiced the adverse party and
7.33 Amnesty proclamations. have not deprived the court of its authority. Conceived in the best traditions of practical
Amnesty proclamations should be liberally construes so as to carry and moral justice and common sense, the Rules of Court upon-splitting technicalities that
out their purpose, which is to encourage the return to the field of the law of those who do not square with their liberal tendency and with the ends of justice.
have veered from the law. Amnesty and pardon are synonymous, and for this reason, the The literal stricture of the rule have been relaxed in favor of liberal
grant of pardon should likewise be construed liberally in favor of those pardoned and construction in the following cases: 1. where a rigid application will result in a manifest
strictly against the state, for where two words are synonymous, the rules for interpreting failure or miscarriage of justice 2. where the interest of substantial justice will be served
one will apply to the other. 3. where the resolution of the emotion is addressed solely to the sound and judicious
7.34 Statues prescribing prescriptions of crimes. discretion of the court and 4. where the injustice to the adverse party is not commensurate
A stature of limitation or prescription of offenses is in the nature of with the degree of his thoughtlessness in not complying with the prescribed procedure.
amnesty granted by the state, declaring that after a certain time, oblivion shall be cast 7.38 Other statues.
over the offense. Hence, statutes of limitations are liberally of construction belongs to all Curative statutes are enacted to cure defects in a prior law or to
acts of amnesty and grace, but because the very existence of the statute is a recognition validate legal proceedings which would otherwise be void for want of conformity with
and notification by the legislature of the fact that time, while it gradually wears out proofs certain legal requirements. They are intended to supply defects, abridge superfluities and
and innocence, has assigned to it fixed and positive periods in which it destroys proofs of curb certain evils. Their purpose is to give validity to acts done that would have been
guilt. invalid under existing laws have been complied with. Curative statutes, by their very
7.35 Adoption statues. nature, are retroactive.
Adoption statutes are construed liberally in favor of the child to be Redemption laws, being remedial in nature are to be construed
adopted with the liberal concept that adoption statutes, being humane, and salutary, hold liberally to carry our their purpose, which is to enable the debtor to have his property
the interest and welfare of the child to be a paramount consideration and are designed to applied to pay as many debtor’s liabilities as possible. Execution are interpreted liberally
provide homes, parental care and education for the unfortunate, needy or orphaned in order to give effect to their beneficent and humane purpose; and to this end, any
children and give them the protection of a society and family in the person of the adopter. reasonable doubt be construed in favor of the exemption from execution. Laws on
7.36 Veteran and pension laws Attachment are also liberally construed in order to promote their projects and assist the
Veteran and pension laws are enacted to compensate a class of men parties in obtaning speedy justice.
who suffered in the service for the hardships they endured and the dangers they An instrument of credit, warehouse receipts play a very important
encountered in line of duty. They are expression of gratitude to and recognition of those role in modern commerce, and accordingly, warehouse receipt laws are given liberal
who rendered service tot eh country by extending to them regular monetary benefit. For construction in favor of bona fide holders of such receipts.
these reasons, such statutes are construed liberally to the end that their noble purpose is The purpose of the probation being to give firsthand offenders a
best accomplished. However, while veteran and pension laws are to be construed second chance to maintain his place in society through the process of reformation, it
liberally, they should be so construed as to prevent a person from receiving double should be liberally construed to achieve its objective. Thus, the probation law may
pension or compensation, unless the law provides otherwise. Retirement or pension laws liberally construed by extending the benefits thereof to any one not specifically
are also liberally construed. Being remedial in character, a statute creating pension or disqualified.
establishing retirement plan should be liberally construed and administered in favor of the CHAPTER 8: MANDATORY AND
persons intended to benefited thereby.
DIRECTORY STATUTES
7.37 Rules of Court.
The Rules of Court, being procedural, are to be construed liberally A. IN GENERAL
with the end in view of realizing their purpose – the proper and just determination of a - Statutes may be classified either as mandatory or directory.
litigation. A liberal construction of the Rules of Court requires the courts, in the exercise
of their functions, to act reasonably and not capriciously, and enjoins them to apply the Mandatory and directory statutes, generally
rules in order to promote their object and to assist the parties in obtaining a just, speedy - Mandatory statute is a statute which commands either positively that something
and inexpensive determination of their cases, means conducive to the realization of the be done, or performed in a particular way, or negatively that something be not
administration of law and justice. done, leaving the person concerned no choice on the matter except to obey.

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 - Act executed against the provisions of mandatory or prohibitory laws shall be ignoring it or that its purpose can be accomplished in a manner other than that
void, except when the law itself authorizes their validity. prescribed and substantially the same result obtained.
- Where a statute is mandatory, the court has no power to distinguish between - The nonperformance of what it (directory statute) prescribes, though
material and immaterial breach thereof or omission to comply with what it constituting in some instances an irregularity or subjecting the official
requires. concerned to disciplinary or administrative sanction, will not vitiate the
- A directory statute is a statute which is permissive or discretionary in nature and proceedings therein taken.
merely outlines the act to be done in such a way that no injury can result from When statute is mandatory or directory - The primary object is to ascertain
legislative intent.
- Legislative intent does not depend upon the form of the statute.
- Consideration must be given to the entire statute, its object, purpose, legislative - The use of words of command or of prohibition indicates the legislative intent
history and the consequences which would result from construing it one way or to make the law mandatory.
the other, and the statute must be construed in connection with other related - It has been held that the intention of the legislature as to the mandatory or
statutes. directory nature of particular statutory provision is determined primarily from
- The language of the statute, however mandatory in form, may be deemed the language thereof.
directory whenever the legislative purpose can best be carried out by such Use of “shall” or “must”
construction, but the construction of mandatory words as directory should not - As a general rule, the use of the word “shall” in a statute implies that the statute
be lightly adopted and never where it would in fact make a new law instead of is mandatory.
that passed by the legislature. - It means “ought to”, “must”, and when used in a statute or regulation, expresses
- Whether a statute is mandatory or directory depends on whether the thing what is mandatory.
directed to be done is of the essence of the thing required, or is a mere matter of - The term “shall” is a word of command, and one which has or which must be
form, and what is a matter of essence can often be determined only by judicial given a compulsory meaning and it is generally imperative or mandatory.
construction. - If a different interpretation is sought, it must rest upon something in the
character of the legislation or in the context which will justify a different
Test to determine nature of statute meaning.
- The test generally employed to determine whether a statute is mandatory or - It connotes compulsion or mandatoriness.
directory is to ascertain the consequences that will follow in case what the
- This rule is not absolute. The import of the word depends upon a consideration
statute requires is not done or what it forbids is performed.
of the entire provision, its nature, object and the consequences that would
- Whether a statutory requirement is mandatory or directory depends on its follow from construing it one way or the other.
effects.
- The word “must” in a statute, like “shall” is not always imperative. It may be
- If no substantial rights depend on it and no injury can result from ignoring it; consistent with discretion. If the language of a statute considered as a whole and
and the purpose of the legislature can be accomplished in a manner other than with due regard to its nature and object reveals that the legislature intended to
that prescribed and substantially the same results obtained, then the statute will use the word “must” to be directory, it should be given that meaning.
generally be regarded as directory; but if not, it will be mandatory.
- One test used to determine whether the word “shall” in mandatory or
- A statute will not be construed as mandatory and requiring a public officer to discretionary is whether non-compliance with what is required will result in the
act within a certain time limit even if it is couched in words of positive nullity of the act. If it results in the nullity of the act, the word is used as a
command if it will cause hardship or injustice on the part of the public who is command.
not at fault. Nor will a statute be interpreted as mandatory if it will lead to Use of “may”
absurd, impossible or mischievous consequences.
- The word “may” is an auxiliary verb showing, among others opportunity or
possibility. Under ordinary circumstances, the phrase “may be” implies the
Language used
possible existence of something.
Statutes using words of command, such as “shall”,
“must”, “ought”, or “should”, or prohibition, such as “cannot”, “shall not” or
“ought not”, are generally regarded as mandatory.

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 - Generally speaking, the use of the word “may” in a statute denotes that it is - The rule is based on the maxim vigilantibus et non dormientibus jura
directory in nature. The word “may” is generally permissive only and operates subveniunt or the laws aid the vigilant, not those who slumber on their rights.
to confer discretion. - Potior est in tempoe, potior est in jure- he who is first in time is preferred in
- The word “may” as used in adjective laws, such as remedial statutes which are right.
construed liberally, is only permissive and not mandatory. Statutes prescribing jurisdictional requirements
When “shall” is construed as “may” and vice versa - The general rule is that statutory requirements by which courts or tribunals
- Depending upon a consideration of the entire provision, its nature, its object, acquire jurisdiction to hear and decide particular actions must be strictly
and the consequences that would follow from construing it one way or the other, complied with before the courts or tribunals can have authority to proceed.
the convertibility of said terms either as mandatory or directory is a standard - Hence, statutes prescribing the various steps and methods to be taken for
recourse in statutory construction. acquisition by the courts or tribunals over certain matters are considered
- It is well-settled that the word “may” should be read as “shall” where such mandatory.
construction is necessary to give effect to the apparent intention of the
legislature. Statutes prescribing time to take action or to appeal Statutes or rules prescribing the
- The word “may” will, as a rule, be construed as “shall” where a statute provides time for litigants to take certain actions or to appeal from an adverse decision is
for the doing of some act which is required by justice or public duty, or where it generally mandatory.
vests a public body or officer with power and authority to take such action - Such statutes or rules have been held as absolutely indispensable to the
which concerns the public interest or rights of individuals. prevention of needless delays and to the orderly and speedy discharge of
- The word “shall” may be construed as “may” when so required by the context business and are a necessary incident to the proper, efficient, and orderly
or intention of the legislature. It shall be construed merely as permissive when discharge of judicial functions.
no public benefit or private right requires that it be given an imperative - Such statutes or rules require strict, not substantial, compliance. Accordingly,
meaning. they are not waivable, nor can they be the subject of agreements or stipulations
by litigants.
Use of negative, prohibitory or exclusive terms Statutes prescribing procedural requirements
- A negative statute is mandatory. A negative statute is one expressed in negative - In statutes relating to procedure, every act which is jurisdictional, or of the
words or in the form of an affirmative proposition qualified by the word “only”, essence of the proceedings, or is prescribed for the protection or benefit of the
said word having the force of an exclusionary negation. party affected, is mandatory. A statute which requires a court to exercise its
- The use of the legislature of negative, prohibitory or exclusive terms or words jurisdiction in a particular manner, follow a particular procedure, or subject to
in a statute is indicative of the legislative intent to make the statute mandatory. certain limitations, is mandatory, and an act beyond those limits is void as in
Prohibitive or negative words can rarely, if ever, be directory, for there is but excess of jurisdiction.
one way to obey the command, “thou shall not”, and that is to completely - The statute prescribing such requirements is regarded as mandatory, even
refrain from doing the forbidden act. though the language used therein is permissive in nature.
B. MANDATORY STATUTES Election laws on conduct of election
Statutes conferring power - The provisions of election laws governing the conduct of elections and
- Statutes which confer upon a public body or officer power to perform acts prescribing the steps election officials are required to do in connection therewith
which concern the pubic interests or rights of individuals, are generally are mandatory before the elections; however, when it is sought to enforce them
regarded as mandatory although the language used is permissive only since after the elections, they are held to be directory only, if that is possible,
such statutes are construed as imposing rather than conferring privileges. especially where, if they are held to be mandatory, innocent voters will be
deprived of their votes without any fault on their part.
Statutes granting benefits - Unless of a character to affect an obstruction to the free and intelligent casting
- Statutes which require certain steps to be taken or certain conditions to be met of the votes, or to the ascertainment of the result, or unless the provision affects
before persons concerned can avail of the benefits conferred by law are, with an essential element of the election, or unless it is expressly declared by the
respect to such requirements, considered mandatory.

33
 statute that the particular act is essential to the validity of an election, or that its prescribing the eligibility or qualifications of persons to a public office are, as a
omission shall render it void. rule, regarded as mandatory.
Election laws on qualification and disqualification Statutes relating to assessment of taxes
The rule that election laws are mandatory before but not after the elections - It is a general rule that the provisions of a statute relating to the assessment of taxes,
applies only to those provisions which are procedural in nature affecting the which are intended for the security of the citizens, or to insure the equality of taxation, or
conduct of the election as well as to those which direct or require election for certainty as to the nature and amount of each other’s tax, are mandatory; but those
officials to do or perform certain acts, the purpose of such construction being to designed merely for the information or direction of officers or to secure methodical and
preserve the sanctity of the ballot and carry out the will of the electorate. systematic modes of proceedings are merely directory.
- The rule does not apply to provisions of the election laws prescribing the time Statutes concerning public auction sale
limit to file certificates of candidacy and the qualifications and disqualifications - Statutes authorizing public auction sale of properties and prescribing the
to elective office. procedure to be followed are in derogation of property rights and due process,
- These provisions are considered mandatory even after elections. and are construed, with respect to the prescribed procedure, to be mandatory.
Statutes prescribing qualifications for office The prescribed steps must be followed strictly; otherwise, the sale at public
- Eligibility to a public office is of a continuing nature and must exist at the auction shall be void.
commencement of the term and during the occupancy of the office. Statutes C. DIRECTORY STATUTES
Statutes prescribing guidance for officers - A judgment promulgated after the expiration of the said period is not null and
- There are statutory requisitions intended for guidance of officers in the conduct void, although the officer who
of business devolved upon them which do not limit their power or render its failed to comply with the lay may be dealt with administratively in consequence
exercise in disregard of the requisitions ineffectual. of his delay-unless the intention to the contrary is manifest.
- Provisions of this character are not usually regarded as mandatory, unless - Where a statute specifies the time at or within which an act is to be done by a
accompanied by negative words importing that the acts required shall not be public officer or body, it is generally held to be directory only as to the time,
done in any other manner or time than that designated. and not mandatory, unless the time is of the essence of the thing to be done, or
Statutes prescribing manner of judicial action the language of the statute contains negative words, or shows that the
- Statutes prescribing the requirements as to the manner of judicial action that designation of the time was intended as a limitation of power, authority or right.
judges should follow in the discharge of their functions are, as a rule, merely - The better rule is that where a construction of a time provision as mandatory
directory. will cause great injury to persons not at fault or result in a miscarriage of
- It should not be assumes in the absence of specific language to the contrary that justice, such consequence should be avoided by construing the statute as
the legislature intended that the right of parties should be seriously affected by directory, for reasons of fairness, justice and fair play require such construction.
the failure of a court or some officer to comply strictly with the statutory - It has been held that a statute requiring rendition of judgment within a specified
requirements of official action. time is generally construed to be merely directory, so that non-compliance with
- Procedure is secondary in importance to substantive right, and the non them does not invalidate the judgment on the theory that if the statute had
observance of such procedure should never be permitted to affect substantive intended such result, it would have clearly indicated.
right, unless the intention of the legislature is clearly expressed. - However, while the period fixed by law to resolve a case is merely directory, it
- It is universally held that statutes of this nature are merely directory and cannot be disregarded or ignored completely with absolute immunity.
noncompliance therewith is not necessary to the validity of the proceedings. - It cannot be assumed that the law has included a provision that is deliberately
Statutes requiring rendition of decision within prescribed period intended to become meaningless and to be treated as a dead letter.
- The constitution provides that the maximum period within which a case or Constitutional time provision directory
matter shall be decided or resolved from the date of its submission, shall be 24 - Does the Constitution alter the general rule and render time provision to decide
months for the Supreme Court, and unless reduced by the Supreme Court, 12 mandatory? Is a decision rendered beyond the period prescribed in the
months for lower collegiate courts and 3 months for all other lower courts. Constitution- 24 months for the Supreme Court, 12 months for the lower
- Each Constitutional Commission shall decide any case brought before it within collegiate courts and 3 months for other lower courts- null and void?
sixty days from the date of its submission for resolution. THE Supreme Court gave negative answers (Marcelino v.
Cruz)

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CHAPTER 9:PROSPECTIVE AND 9.06. PENAL STATUTES, GENERALLY
RETROACTIVE STATUTES - Gen. rule: Penal laws or those which define offenses and prescribe
penalties for their violation operate prospectively
A. IN GENERAL - Art. 21 RPC: No felony shall be punishable by any penalty not
9.01. PROSPECTIVE AND RETROACTIVE STATUTES, DEFINED prescribed by law prior to its commission
- A prospective statute is one which operates upon facts or transactions that 9.06 EX POST FACTO LAW
occur after the stature takes effect, one that looks and applies to the future - The constitution provides that no ex post facto law shall be enacted
- A retroactive law creates a new obligation, imposes a new duty or attaches a - An ex post facto law is any of the ff:
new disability in respect to a transaction already past; is one which takes
1. law which makes criminal an act done before the passage of the law and which
away or impairs vested rights acquired under existing laws
was innocent when done, and punishes such act
9.01. LAWS OPERATE PROSPECTIVELY, IN GENERALS
2. a law which aggravates a crime, or makes greater than it was, when committed
- Statutes are to be construes as having only prospective operation, unless the
intension of the legislature to give them retroactive effect is expressly 3. which changes the punishment and inflicts a greater punishment than that
declared or is necessarily implied from the language used annexed to the crime when committed
- Embodied in art. 4 of the civil code: laws shall have no retroactive effect 4. which alters the legal rules of evidence and authorize conviction upon less or
unless the contrary is provided, the reason for this is that a rule is established different testimony than the law required at the time of the commission of the
to guide actions with no binding effect until it is enacted. offense
- The principle of prospectivity applies to statutes, administrative rulings and 5. which assumes to regulate civil rights and remedies only but in effect imposes a
circulars and judicial decisions penalty or deprivation of a right for something which when done was lawful
9.03. PRESUMPTION AGAINST RETROACTIVITY 6. which deprives a person accused of a crime of some lawful protection to which
- The presumption is that all laws operate prospectively, unless the contrary he has become entitled, such as protection of a former conviction or acquittal,
appears or is clearly, plainly and unequivocally expressed or necessarily or a proclamation of amnesty
implied. Doubt will be resolved against the retroactive effect - If the law sought to be applied retroactively take from an accused any
- The presumption applies whether the statures is in the form of an original right regarded at the time as vital fro the protection of life and liberty then it is
enactment, an amendment of a repeal an ex post factolaw
- Presumption is stronger with reference to substantive laws affecting pending - The prohibition on ex post facto law applies only to criminal/ penal
actions matter and does not apply to civil proceedings which regulate civil and political
9.04. WORD OR PHRASES INDICATING PROSPECTIVITY rights
- Where by its terms a statute is to apply ‘hereafter” or “thereafter”, or is to 9.06 BILL OF ATTAINDER
take effect immediately or at a fixed future date, or where a statute contains, - A bill of attainder is a legislative act which inflicts punishment without judicial
in the enacting clause, the phrase “from and after the passing trial
of this act” or employs such words as “shall have been made” or “from and - The singling out of a definite minority, the imposition of a burden on it, a
after” a designated date, the statute is prospective in operation only legislative intent and the retroactive application to past conduct suffice to
9.05. RETROACTIVE STATUTES, GENERALLY stigmatize a statute as a bill of attainder
- The constitution does not prohibit the enactment of retroactive statutes which - If a statute is a bill of attainder, it is also an ex post facto law. But if it is an ex
do not impair the obligations of contract, deprive persons of property without post facto law, the reasons that establish that it is not, are persuasive that it is
due process of law, or divest rights that have become vested, or which are not not a bill of attainder
in the nature of ex post facto laws 9.09. WHEN PENAL LAWS ARE APPLIED RETROACTIVELY
- Some statutes are by their nature retroactive: remedial/curative statutes, as - Art 22 RPC: Penal laws shall have a retroactive effect in so far as they favor the
well as statutes that create new rights person guilty who is not a habitual criminal (exception to the gen. rule)
- A retroactive statute violating the constitution shall not be applied
B. STATUTES GIVEN PROSPECTIVE EFFECT

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 - Where there is already a final judgment, the remedy of the accused is to file a existed before and making such right retroactive, or by arbitrarily recreating a
petition for habeas corpus alleging that his continued imprisonment is illegal new right or liability already extinguished by operation of law
pursuant to said statute 9.14. STATUTES AFFECTING OBLIGATIONS OF CONTRACT
- The gen. rule that an amendatory statue rendering an illegal act prior to its - Laws existing at the time of the execution of contracts are the ones applicable to
enactment no longer illegal is given retroactive effect does not apply if the such transactions and not later statutes, unless the latter provide that they shall
amendatory statute expressly provides that it shall not apply retroactively but have retroactive effect if to do so will impair the obligation of contracts, for the
only prospectively constitution prohibits the enactment of a law impairing such.
9.10. STATUTES SUBSTANTIVE IN NATURE - If a contract is legal at its inception, it cannot be rendered illegal by a
- a substantive law creates rights, defines or regulates rights concerning life, subsequent legislation
liberty or property or the powers of agencies or instrumentalities for the 9.15. ILLUSTRATION OF RULE
administration of public affairs. - People v. Zeta. Pursuant to the then existing law a lawyer is authorized to
- Substantive right is one which includes those rights which one enjoys under the charge not more then 5% of the amount involved as attorney’s fees in the
legal system prior to the disturbance of normal relations prosecution of a veteran’s claim. A lawyer entered into a contract with a client
- Applied to criminal law, substantive law is that which declares what acts are with such stipulation. Before the claim was collected, a statute was enacted
crimes and prescribes the punishment for committing them. prohibiting the collection of such fees for such services rendered. The court
ruled that the statute prohibiting the collection of attorney’s fees cannot be
- Substantive law operates prospectively
applied retroactively so as to adversely affect the contract for professional
- Whether a rule is procedural or substantive, the test is whether the rule really
services and the fees themselves.
regulates procedure. If it takes away a vested right, it is not procedural. If it
9.16. REPEALING AND AMENDATORY ACTS
creates right such as the right to appeal, it is substantive, but if it operates as a
- Statutes which repeal earlier laws operate prospectively, unless the legislative
means of implementing an existing right it is merely procedural
intent to give them retroactive effect clearly appears. However, although a
- Procedural rules are retroactive and are applicable to actions pending and repealing statute is intended to be retroactive, it will not be so construed if it
undermined at the times of the passage of the procedural law
will impair vested rights or obligations of contract, or unsettle matters that had
9.11. EFFECTS ON PENDING ACTIONS
been legally done under the old law
- Statute which affects substantive rights may not be given retroactive effect so as
C. STATUTES GIVEN RETROACTIVE EFFECT
to govern pending proceedings in the absence of a clear legislative intent to the
9.17. PROCEDURAL LAWS
contrary
9.12. QUALIFICATION OF RULE - Remedial statutes or statutes relating to remedies or modes of procedure, which
- A substantive law will be applicable to pending actions if such is the clear do not create new or take away vested rights, but only operated in furtherance
intent of the law or if the statute by the very nature of its purpose as a measure of the remedy or confirmation of rights already existing, do not come within the
to promote social justice or in the exercise of police power is intended to apply legal conception of the general rule against retroactive operation, furthermore, it
to pending actions. This is however subject to the limitation concerning applies to all actions, whether they have already accrued of are pending.
constitutional restrictions against impairment of vested rights - The fact that procedural statutes may somehow affect the litigants; rights may
9.13. STATUTES AFFECTING VESTED RIGHTS not preclude their retroactive application to pending actions. The retroactive
- Vested right may be said to mean some right or interest in property that has application of procedural laws is not violative of any right of a person who may
become fixed or established and is no longer open to controversy. It must be feel that he is adversely affected, nor is it constitutionally objectionable, for as a
absolute, complete, and unconditional, independent of a contingency and a mere general rule, no vested right may attach to, nor arise from procedural laws.
expectancy of future benefit. - A statute which transfers the jurisdiction to try certain cases from a court to a
- A statute may not be construed and applied retroactively if it impairs quasi-judicial tribunal is a remedial statute that is applicable to claims that
substantive right that has become vested, as disturbing existing right embodied accrued before its enactment but formulated and filed after it took effect, for it
in a judgment or creating new obligations with respect to past transactions as by does not create a new nor take away vested rights. No litigant can acquire a
establishing a substantive right to fundamental cause of action where none vested tight to be heard by one particular court.

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 - An administrative rule which is interpretative of a preexisting statute and not date may not be construed to apply to existing causes which, pursuant to the old
declarative of certain rights with obligation thereunder is given retroactive law under which they accrued, will not prescribe until a much longer period
effect as of the date of the effectivity of the statute. than that specified in the later enactment because the right to bring an action is
9.18. EXCEPTIONS TO THE RULE foundef on the law which has become vested before the passage of the new
- The rule does not apply where the statute itself expressly or by necessary statute of limitation.
implication provides that pending actions are excepted from its operation or 9.23. APPARENTLY CONFLICTING DECISIONS ON
where to apply it to pending actions would impair vested PRESCRIPTIONS
rights - Billones v. Court of Industrial Relations and Corales v. Employee’s
- Under appropriate circumstances, courts may deny the retroactive application or Compensation Commission. The problem in both cases is how to safeguard the
procedural laws in the event that to do so would not be feasible or would work right to bring the action whose prescriptive period to institute it has been
injustice. Nor may they be applied it to do so would involve intricate problems shortened by law. To solve the problem the court in the Corales case construed
of due process or impair the independence of courts. the statute of limitation as inapplicable to the action that accrued before the new
9.19. CURATIVE STATUTES law took effect; the court in Billones case gave the claimants whose rights have
- Curative statutes are intended to supply defects, abridge superfluities in existing been affected, one year from the date the law took effect within which to sue on
laws and curb certain evils. They are intended to enable persons to carry into their claims. The Corales case appears to be predicated on firmer grounds.
effect that which they have designed and intended, but has faied of expected 9.24. PRESCRIPTION IN CRIMINAL AND CIVIL CASES
legal consequence by reason of some statutory disability or irregularity in their - In a civil suit, the statute is enacted by the legislature as an impartial arbiter
own action. They make valid that which, before the enactment of the statute between two contending parties. In the construction of such stature, there is no
was invalid, as such they are given retroactive application. intendment to be made in favor of either party. Neither grants the right to the
9.20. LIMITATIONS OF RULE other, there is therefore no grantor against whom no ordinary presumptions
- A remedial or curative statute enacted as a police power measure may be given construction are to be made
retroactive effect even though they impair vested right or obligations of - The rule is otherwise in statutes of limitation concerning criminal cases. Here
contract, if the legislative intent is to give them retroactive operation the state is the grantor, surrendering by an act of grace its right to prosecute or
9.21. POLICE POWER LEGISLATIONS declare that the offense is no longer the subject of prosecution after the
- Any right acquired under a statute of under a contract is subject to the condition prescriptive period. Such statutes are not only liberally construed but are
that it may be impaired by the state in the legitimate exercise of its police applied retroactively in favor of the accused
power, since the reservation of the essential attributes of sovereign power, one 9.25. STATUTES RELATING TO APPEALS
of which is police power is deemed read into every statute or contract as a - A statute relating to appeals is remedial or procedural and applies to pending
postulate of legal order action in which no judgment has yet been promulgated at the time the statute
9.22. STATUTE RELATING TO PRESCRIPTION took effect. It may not be given retroactive effect if it impairs vested rights.
- Such statutes are both prospective in the sense that it applies to causes that - A stature shortening the period for taking appeals is to be given prospective
accrued and will accrue after it took effect and retroactive in the sense that it effect and may not be applied to pending proceeding in which judgment has
applies to cause that accrued before its passage. However, it will not be given a already been rendered at the time of its enactment.
retroactive operation to causes of action that accrued prior to its enactment if to Chapter 10: Amendment, Revision,
do will remove a bar of limitation which has become complete or to disturb
Codification and Repeal
existing claims without allowing a reasonable time to bring actions thereon.
- A statute of limitation prescribing a longer period to file an action than that I. Amendment
specified under the ole law may not be so construed as having a retroactive A. Power to amend
effect, even if it so provides, as to revive a cause that already prescribed under • Legislature has the power to amend, subject to constitutional requirement, any
the old law, for that will impair the vested right of the person against whom the existing law
cause is asserted. • Supreme court, in the exercise of its rule-making power or of its power to interpret
- A statue which shortens the period of prescription and requires that cuses which the law, has no authority to amend
accrued prior to its effectivity be prosecuted or filed not later than a specific or change the law

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B. How amendment effected • General rule: an amended act would be given a construction different from that of the
• By addition, deletion, or alteration of a statute which survives in its amended form. law prior to its amendment for it is presumed that legislatures would not have
• By enacting amendatory act modifying or altering some provisions of the statue amended the statue if it did not intend to change its meaning.
either expressly or impliedly G. Amendment operates prospectively
Express amendment: done by providing amendatory act that specific sections or • General rule: amendatory act operates prospectively unless the contrary is provided
provisions of a statute are amended; indicated as : “ to read as follows. or the legislative intent to give it a retroactive effect is necessarily implied from the
C. Amendment by implication language used and no vested rights is impaired.
• There is implied amendment where a part of a prior statute embracing the same subject • However, amendments relating to procedures should be given retroactive effect.
as the later act may not be enforced without nullifying the pertinent provision of the H. Effect of amendment in vested rights
latter in which event, prior act is deemed amended to the extent of the repugnancy. • Rule: after the statute is amended, the original act continues to be in force with regard
D. When amendment takes effect to all rights that had accrued prior to the amendment or to obligations that were
• After 15 days following the publication in the Official Gazette or newspaper of general contracted under the prior act.
circulation I. Effect of amendment on jurisdiction
E. How construed • Rule: a subsequent statute amending a prior act with the effect of divesting the court of
• A statute and its amendment should be read together as a whole meaning, it should jurisdiction may not be construed to operate to oust jurisdiction that has already
be read as if the statue has been originally enacted in its amended form. attached under the prior law.
• Portions not amended will continue to be in force with the same meaning they have J. Effect of nullity of prior or amendatory act
before amendment. • An invalid or unconstitutional law does not in legal contemplation exist.
F. Meaning of law changed by amendment • Where a statute amended in invalid, nothing in effect has been amended. The
amended act shall be considered the original or independent act.
When the amended act is declared unconstitutional, the original statute remains III. Repeals
unaffected and in force. P. Power to repeal
II. Revision and Codification • Legislature has plenary power to repeal, Supreme court, while it has the power to
K. Generally: restating the existing laws into one statute in order to simplify promulgate rule of procedure, it cannot in the exercise of such power alter, change or
complicated provisions. repeal substantive laws.
L. Construction to harmonize different provisions Q. Repeal: total or partial, express or implied
• The different provisions of a revised statute or code should be read and construed 1. Total: rendered revoked completely
together. 2. Partial: Leaves the unaffected portion of the statue in force
• Where there is irreconcilable conflict: that which is best in accord with the general 3. Express: there is a declaration in a statute
plan or, in the absence of circumstances upon which to base a choice, that which is (repealing clause)
later in physical position, being the latest expression of legislative will, will prevail. 4. Implied: all other repeals
M. What is omitted is deemed repealed
R. Repeal by implication
• When both intent and scope clearly evince the idea of a repeal, then all parts and
• Two well-settled categories:
provisions of the prior act that are omitted from the revised act are deemed repealed.
N. Change in phraseology 1. Where the provisions in the two acts on the same subject matter are
• Rule: Neither an alteration in phraseology nor omission or addition of words in the later irreconcilable, the later act repeals the earlier one
statute shall be held necessarily to alter the construction of the former acts. 2. Later act covers the whole subject of the earlier one and is clearly intended
O. Continuation of existing law as substitute.
• Rule: the rearrangement of section or parts of a statute, or the placing of portions of S. Irreconcilable inconsistency
what formerly was a single section in separate section, does not operate to change the • Rule: repugnancy must be clear and convincing or the later law nullifies the reason
operation, effect and meaning of the statute, unless changes are of such nature as to or purpose of the earlier to call for a repeal. Mere difference in terms will not create
manifest the cleat intent to change the former laws. repugnance.

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• Leges posteriors priores contraries abrogant: A later law repeals an earlier law on • Generalia specialibus non derogant : a general law does not nullify a specific or
the same subject which is repugnant thereto. special law.
T. Implied repeal by revision or codification • Reason: the legislature should make provisions for all circumstance of the particular
• Rule: Where a statute is revised or a series of legislative acts on the same subject are case.
revised and consolidated into one, covering the entire field of subject matter, all parts AA. When special or general law repeals the other
and provisions of the former act or acts that are omitted from the revised act are • Rule: Where a later special law on a particular subject is repugnant to or
deemed repealed. inconsistent with a prior general law on the same subject, a partial repeal of the latter
U. Repeal by reenactment is implied to the extent of the repugnancy or exception granted upon the general law.
• Where a statute is a reenactment of the whole subject in substitution of the previous laws • Legislative intent to repeal must be shown in the act itself, the explanatory not to the
on the matter, the latter disappears entirely and what is omitted in the reenacted law bill before its passage into a law, the discussion on the floor of the legislature and the
is deemed repealed. history of the two legislations.
V. Other forms of implied repeal • Rule: General law cannot be construed to have repealed a special law by mere
1. When two laws is expressed in the form of a universal negative: a implication.
negative statute repeals all conflicting provisions unless the contrary • Rule: If intention to repeal the special law is clear, the special law will be considered
intention is disclosed. as an exception to the general law will not apply. Special law is repealed by
2. Where the legislature enacts something in general terms and afterwards implication.
passes another on the same subject, although in affirmative language, BB. Effects of repeals
introduces special condition or restrictions. 1. Statute is rendered inoperative
W. Repealing clause 2. Does not undo the consequences of the operation of the statute while in
• All laws or part thereof, which are inconsistent with this act, are hereby repealed or force
modified accordingly. 3. Does not render illegal what under the repealed act is legal
Nature of this clause: not an express repeal rather, it is a clause which predicates the
4. Does not lake legal what under the former law is illegal
intended repeal upon the condition that a substantial conflict must be found on
existing and prior acts of the same subject matter CC. On jurisdiction
• Ex proprio vigore • Jurisdiction to try and decide actions is determined by the law in force at the time the
• Rule: the failure to add a specific repealing clause particularly mentioning the action is filed.
statute to be repealed indicated the intent was not to repeal any existing law on the • General rule: where the court or tribunal has already acquired and is exercising
matter unless an irreconcilable inconsistency and repugnancy exist in the terms of jurisdiction over a controversy, its jurisdiction to proceed to final determination of
the new and old laws. the cause is not affected by the new legislation repealing the statue which originally
X. Repeal by implication not favored conferred jurisdiction unless the repealing statute provides otherwise expressly or by
• Rule: Repeals by implication not favored necessary implication.
DD. On jurisdiction to try criminal cases
• Presumption is against inconsistency and against implied repeals for it is presumed
• Jurisdiction of a court to try a criminal case is determined by the law in force at the time
that legislatures know existing laws on the subject and not to have enacted
the action is instituted.
inconsistent or conflicting statutes.
EE. On actions pending or otherwise
Y. Leges posteriores priores contraries abrogant – later statue repeals prior ones • The general rule is that the repeal of a statue defeats all actions and proceedings
which are repugnant thereto. As between two laws, on the same subject matter, including those which are still pending.
which are irreconcilable inconsistent, that which is passed later prevails. FF. On vested rights
Z. General law • Repeal of a statute does not destroy or impair rights that accrued and became vested
• Rule: General law on a subject does not operate to repeal a prior special law on the under the statute before its repeal.
same subject unless clearly appears that the legislature has intended the later general GG. On contracts
act to modify the earlier special law.

39
• When a contract is entered into by the parties on the basis of the law when obtaining, the
repeal or amendment of said law does not affect the terms of the contract not impair CHAPTER 11 :CONSTITUTIONAL
the right of the parties thereunder.
CONSTRUCTION
HH. Effect of repeal of tax law
Repeals does not preclude the collection of taxes assessed under the old law before CONSTITUTION DEFINED
its repeals unless the repealing It is an instrument of a permanent nature, intended not merely to meet existing
statute provides otherwise II. Repeal conditions, but to govern the future. It does not deal in details but enumerates general
and enactment principles and general directions which are intended to apply to all new facts which may
• Simultaneous repeal and reenactment of a statue does not affect the rights and liabilities come into being and which may be brought within those general principles or direction
which have accrued under the original statute since the reenactment neutralizes the (Lopez V. De los Reyes).
repeal and continues the law in force without interruption. A supreme law to which all other laws must conform and in accordance with
JJ. Effect of repeal of penal laws which all private rights must be determined and all public authority administered (Manila
• Repeal without qualification of penal law deprived the court of the jurisdiction to Prince Hotel v. GSIS).
punish persons charged with a violation of the old law prior to its repeal. PRIMARY PURPOSE OF CONSTITUTIONAL CONSTRUCTION
• Where repeal is absolute, crime no longer exists. The primary task of constitutional construction is to ascertain the intent or
purpose of the framers of the constitution as expressed in the language of the fundamental
• Exception:
law, [embodied in the provisions themselves], and thereafter to assure its realization (J.M.
1. The repealing act reenacts the statute and penalizes the same act previously
Tuason & Co., Inc. v. Land Tenure Administration).
penalized under the repealed law, the act committed before the
The purpose of the Phil. Constitution is to protect and enhance the people’s
reenactment continues to be a crime.
interest, as a nation collectively and as person individually. The interpretation of the
2. Where the repealing act contains a saving clause providing that pending Constitution should be done with a view to realizing this fundamental objective.
actions shall not be affected, the latter will continue to be prosecuted in CONSTITUTION CONSTRUED AS ENDURING FOR AGES
accordance with the old law. It is something solid, permanent and substantial. Its stability protects the rights,
IV. Distinction as to effect of repeal and expiration of law liberty and property of the rich and poor alike (U.S. v. Ang Teng Ho).
• In absolute repeal, the crime is obliterated 1. A constitution should be construed in the light of what actually is, a continuing
• In expiration of penal law by its own force does not have that effect instrument to govern not only the present but also the unfolding events of the
KK. Effect of repeal of municipal charter indefinite future.
• Superceding of the old charter by a new one has the effect of abolishing the offices 2. A constitution must be construed as a dynamic process intended to stand for a
under the old charter. great length of time, to be progressive and not static.
LL. Repeal or nullity of repealing law
3. Its construction ought not to change with emergencies or conditions
• Law first repealed shall not be revived unless expressly provided
4. Nor should it be construed to inflexibly identify its text with the circumstances
• Where a repealing statute is declared unconstitutional, it will have no effect of
that inspired for its adoption, for that would make it incapable of responding to
repealing the former statute.
the need of the future.
5. Word employed therein are not to be construed to yield fixed and rigid answers provisions are to be given their ordinary meaning except where technical terms are
but as impressed with the necessary attributes of flexibility and accommodation employed, because the fundamental law is not primarily a lawyer’s document but
to enable them to meet adequately whatever problems the future has in store. essentially that of the people, in whose consciousness it should ever be present as an
6. Courts should always endeavor to give such interpretation that would make the important condition for the rule of law to prevail. Where the constitution does not
constitutional provision consistent with reason, justice and the public interest. specifically define the terms used therein, they should be construed in their general and
HOW LANGUAGE OF CONSTITUTION CONSTRUED ordinary sense.
The primary source from which to ascertain constitutional intent or purpose is Where words used in a constitution have both restrictive and general meanings,
the language of the constitution itself. It is an intrinsic aid. the rule is that the general prevails over the restricted unless the context in which they are
It is a well-established rule that the language of the constitution should be employed clearly indicates that the limited sense is intended.
understood in the sense it has in common use and that the worlds in the constitutional

40
 A word or phrase in one part of the constitution is to receive the same It is, however, not decisive for the proceedings of the convention are less
interpretation when used in every other part, unless it clearly appears from the context or conclusive of the proper construction of the fundamental law than are legislative
otherwise that a different meaning should be applied. proceedings of the proper construction of a statute, since in the latter case, it is the intent
Words which have acquired a technical meaning before they are used in the of the legislature that courts seek, while in the former, the courts seek to arrive at the
constitution must be taken in that sense when such words as thus used are construed. intent of the people through the representatives.
AIDS TO CONSTRUCTION, GENERALLY Extraneous Aids: The ascertainment of the intent is but in keeping with the fundamental principle
1. history or realities existing at the time of the adoption of the constitution of constitutional construction that the intent of the framers of the organic law and of the
2. proceedings of the convention people adopting should be given effect. The primary task in constitutional construction is
to ascertain and thereafter assure the realization of the purpose of the framers and of the
3. changes in phraseology
people in the adopting of the constitution (Nitafan v. Commissioner of Internal Revenue).
4. prior laws and judicial decisions CONTEMPORANEOUS CONSTRUCTION AND WRITINGS
5. contemporaneous constructions Contemporaneous or practical constructions of specific constitutional
6. consequences of alternative interpretations provisions by the legislative and executive departments, especially if long continued,
REALITIES EXISTING AT TIME OF ADOPTION; OBJECT TO BE may be resorted to resolve, but not to create ambiguities. Though not conclusive,
ACCOMPLISHED contemporaneous or practical constructions are generally conceded as being entitled to
History many a time holds the key that unlocks the door to understanding. For great weight.
this reason, courts look to the history of times, examine the state of things existing when The practical construction of a constitution is of little weight unless it has been
the constitution was framed and adopted, and interpret it in the light of these factors uniform. As a general rule, it is only in cases of substantial doubt and ambiguity that the
(Commissioner of Internal Venue v. doctrine of contemporaneous construction has any application.
Guerrero). Contemporaneous construction is not necessarily binding upon courts, if in its
The existing realities that confronted the framers of the constitution can help judgment, such construction is erroneous and its further application is not made
unravel the intent behind a constitutional provision. imperative by any paramount consideration of public policy, it may be rejected
The court in construing the constitution should bear in mind the object sought (Tañada v. Cuenco)
to be accomplished by its adoption, and the evils, if any, sought to be prevented or Writing of delegates to the convention on or explaining the provisions of the
remedied. constitution, published shortly thereafter have some persuasive force.
A doubtful provision will be examined in the light of the history of the times, PREVIOUS LAWS AND JUDICIAL RULINGS
and the conditions and circumstances under which the constitution was framed. The A constitution shall be held to be prepared and adopted in reference to existing
object is to ascertain the reason which induced the framers of the constitution to enact the statutory laws, the provision of which in detail it must depend to be set in a practical
particular provision and the purpose sought to be accomplished thereof, in order to operation. Its framers are presumed to be aware of prevailing judicial doctrines or rulings
construe the whole as to make the words consonant to that reason and calculated to effect concerning which are the subjects of constitutional provisions. Courts may properly take
that purpose. such rulings into account in construing the constitutional provision involved. Thus, if the
PROCEEDINGS OF THE CONSTITUTION framers of the constitution adopted a principle different from what the courts had
If the language of the constitutional provision is plain, it is neither necessary previously enunciated, they did so to overrule said principle.
nor permissible to resort to extrinsic aids. However, where the intent of the framers does CHANGES IN PHRASEOLOGY
not decisively appear in the text of the provision as it admits of more than one Changes in phraseology in the new constitution may indicate an intent to
construction, reliance may be made on extrinsic aids, such as the records of the modify or change the meaning of the old provision from which it was based, and it should
deliberations or discussions in the convention (People v. Muñoz). thus be construed to reflect such intent (Aratuc v. Comelec).
But while a member’s opinion expressed on the floor of the constitutional Mere deletion of a phrase from a proposed provision before its final adoption is
convention is valuable, it is not necessarily expressive of the people’s intent. The not determinative of any conclusion. It could have been done because the framers
constitutional wisdom is that the constitution does not derive its force from the considered it superfluous. Deletions in the preliminary drafts of the convention are, at
convention which framed it, but from the people who ratified it, the intent to be arrived at best, negative guides which cannot prevail over the positive provisions of the finally
is that of the people, it depends more on how it was understood by the people adopting it adopted constitution.
than the framers’ understanding thereof. CONSEQUENCES OF ALTERNATIVE CONSTRUCTIONS

41
 Where a constitutional provision is susceptible of more than one interpretation,
that construction which would lead to absurd, impossible or mischievous consequences
must be rejected.
CONSTITUTION CONSTRUED AS A WHOLE
It is a well-established rule that no one provision of the constitution is to be
separated from all the others, to be considered alone, but that all the provisions bearing
upon a particular subject are to be brought into view and to be so interpreted as to
effectuate the great purposes of the instrument.
One section is not to be allowed to defeat another, if by any reasonable
construction; the two can be made to stand together. The courts must harmonize them, if
practicable, and must lean in favor of a construction which will render every word
operative, rather then one which may make the words idle and nugatory.
MANDATORY OR DIRECTORY
The established rule is that constitutional provisions are to be construed as
mandatory, unless by express provision or by necessary implication, a different intention
is manifested. The difference between a mandatory and directory provision is often
determined on grounds of expediency, the reason being that less injury results to the
general public by disregarding than by enforcing the letter of the fundamental law.
Failure to discharge a mandatory duty, whatever it may be, would not
automatically result in the forfeiture of an office, in the absence of a statute to that effect.
PROSPECTIVE OR RETROACTIVE
A constitution should operate prospectively only, unless the words employed
show a clear intention that it should have a retroactive effect.
APPLICABILITY OF RULES OF STATUTORY CONSTRUCTION
GENERALLY, CONSTIRUTIONAL PROVISIONS ARE SELF-
EXECUTING
The general rule is that constitutional provisions are self-executing except when
the provisions themselves expressly require legislations to implement them or when from
their language or tenure, they are merely declarations of policies and principles.
A self-executing provision is one which is complete by itself and becomes
operative without the aid of supplementary or enabling legislation, or which supplies
sufficient rule by means of which the right it grants may be enjoyed or protected.
Omission from a constitution of any express provision for a remedy for
enforcing a right or liability is not necessarily an indication that it was not intended to be
self-executing.

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