Statutory Construction Reviewer
Statutory Construction Reviewer
Statutory Construction Reviewer
Justin Sucgang
2. Curative
3. Mandatory
4. Directory
5. Substantive
6. Remedial
7. Penal
According to form:
1. Affirmative
2. Negative
STATUTES
Introduction
Law- a rule of conduct formulated and made
obligatory by legitimate power of the state.
Statute- 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.1
Classification:
According to scope:
1. Public- affects the public at large or the
whole community
a. General- applies to the whole
state and operates upon all
people or all class; does not omit
any subject or place
b. Special- relates to a particular
persons or things or class or to a
particular community
c. Local- confined to a specific place
or community
2. Private- applies to a specific person or
subject
According to duration:
1. Permanent- operation is not limited in
duration but continues until repealed
2. Temporary- duration is for a limited
period; ceases upon the happening of an
event for which it was passed
Other classifications:
According to application:
1. Prospective
2. Retroactive
According to operation:
1. Declaratory
Manner of referring:2
1. Public Act- passed by Philippine
Commission and Philippine Legislature
(1901-1935)
2. Commonwealth Act- passed during the
Commonwealth (1936-1946)
3. Republic Act- passed by Congress of the
Philippines (1946-1972;1987-present)
4. Batas Pambansa- passed by Batasang
Pambansa
Enacting statutes
Legislative power- authority to make laws, and to
alter and repeal them
*This is held by the people, in their original,
sovereign and unlimited power. But they have
vested it in the Congress of the Philippines.3
Procedures in passing a law:
*Apart from the provisions in the Constitution
(Sec. 26 Par. 2, Art. VI)4, each house has its own
2
x
6
Section 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same he shall sign it; otherwise, he shall veto it and return the same
with his objections to the House where it originated, which shall
enter the objections at large in its Journal and proceed to reconsider
it. If, after such reconsideration, two-thirds of all the Members of
such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of
that House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where
it originated within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.
Parts of a statute
1. Title
- Bill must embrace only one subject
expressed in its title15
- But must not be an index to, or be an
exhaustive catalogue of the body of
the act as to cover every single detail
- It is enough that the title indicates the
general subject, and reasonably
covers all provisions of the act and
not calculated to mislead the public
Reasons:
- Prevent hodgepodge or log-rolling
legislation
- Prevent fraud and surprise through
introduction of provisions not
germane to the statute (which have
not received notice, action and study
of the legislators)
- Language that must be sufficient to
notify the legislators and the public
- Title serves as guide to ascertain
legislative intent
How construed:
- Should be liberally construed
- Not be given technical interpretation
nor narrowly construed to cripple or
impede the power of the legislature
- If there is doubt, it should be resolved
in favour of the one title-one subject
(presumption of constitutionality)
10
11
Morales v. Subido
2. Preamble
- Prefatory statement or explanation
(finding of facts, reciting the purpose,
reason, or occasion for making the
law). Hence, important role in
construction
- Usually found after the enacting
clause and before the body in
presidential decrees and executive
orders
12
Morales v. Subido
14
Astorga v. Villegas
15
Art. VI Sec. 26 (1). Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. x x x
3. Enacting Clause
- Part written immediately after the
title
- States the authority by which the act
is enacted
- Contains the phrases, Be it enacted
by... or Now, therefore, I... by virtue
of the powers in me vested by the
Constitution, do hereby decree...
Kinds of statutes
1. Legislative acts
2. Presidential issuances- those which the
president issued in the exercise of his
ordinance power (Chapter 2, Book III, AC)
a. Sec. 2. Executive Orders. - Acts of
the President providing for rules
of a general or permanent
character in implementation or
execution of constitutional or
statutory powers shall be
promulgated in executive orders.
b. Sec. 3. Administrative Orders. Acts of the President which relate
to particular aspect of
governmental operations in
pursuance of his duties as
administrative head shall be
promulgated in administrative
orders.
c. Sec. 4. Proclamations. - Acts of
the President fixing a date or
declaring a status or condition of
public moment or interest, upon
the existence of which the
operation of a specific law or
regulation is made to depend,
shall be promulgated in
proclamations which shall have
the force of an executive order.
d. Sec. 5. Memorandum Orders. Acts of the President on matters
of administrative detail or of
subordinate or temporary
interest which only concern a
16
Art. 2 (CC). Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
publication.
17
Art. 18 (AC) Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided
Requirements of validity:20
1. Not contravene the Constitution or
any statute
2. Not be unfair or oppressive
3. Not be partial or discriminatory
4. Not prohibit but may regulate trade
5. General and consistent with public
policy
6. Not unreasonable
Barangay/Municipal/City/Provincial
ordinances
18
20
Lagcao v. Labra
Presumption of validity
Basis: Before the legislature passes a bill, it has
decided the measure to be constitutional. And
when the President approves the bill, he has been
convinced of its validity.
Effect: To justify the nullification of the law, there
must be clear and equivocal breach of the
Constitution, not a doubtful and argumentative
implication.
*The final authority to declare unconstitutionality
is the Supreme Court sitting en banc (Sec. 4 Par. 2,
Art. VIII).21
Judicial Power22
1. Judicial power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable
21
Alonso v. PNB
24
25
Id
26
Id
Effects of unconstitutionality
General rule: An unconstitutional act is not a law,
confers no right, imposes no duties, affords no
protection, creates no office; in legal
contemplation, inoperative as though it had never
been passed.
*This is also known as the orthodox view. Not
only the parties but all persons are bound by
declaration of nullity; no one may invoke it nor
may the courts be permitted to apply it
subsequently
*The orthodox view is expressed in Art. 7 (CC).27
However, it is not always the case that a law is
constitutionally faulty per se (i.e., may be valid in
its general import but invalid in its application to
certain situations). A judicial declaration of nullity
may not necessarily obliterate all the effects and
consequences of a void act occurring prior to such
declaration. A situation that is fait accompli may
no longer be open for inquiry, let alone to be
unsettled by a subsequent declaration of nullity of
a statute.
Modern view
27
Art. 2 (CC). Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
publication.
29
Sec. 18 (AC) Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided
30
Id
31
Sec. 3, Book VII (AC). Filing. - (1) Every agency shall file with the
University of the Philippines Law Center three (3) certified copies of
every rule adopted by it. Rules in force on the date of effectivity of
this Code which are not filed within three (3) months from that date
shall not thereafter be the basis of any sanction against any party or
persons.
32
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of
general circulation.
33
Art. 13 (CC)
Endencia v. David
After a judicial declaration interpreting a constitutional
provision that taxing is a form of diminution of salary,
Congress enacted a law to include justices and
members of the judicial body in the scope of taxing
power of the government.
Held: Congress cannot, by law, modify an
interpretation of the Constitution made by the court.
Including the judicial officers to the scope of taxation is
a form of interpretation of the Constitutional provision
against diminution of salaries.
When to construe
35
Pimentel v. Ermita
36
34
Conclusions which are in the spirit, though not within the letter of
the text.
38
Crisologo v. Macadaeg
39
People v. Licera
Defendant was charged with illegal possession of
firearms. He contended that he is exempted from this
rule saying that he was a secret agent employed by
Gov. Leviste of Batangas.
Held: Although the then prevailing ruling was People v.
Mapa, where secret agents are not anymore
considered as peace officer, therefore, not exempted
from permit to carry firearms, it was non-existent
when Licera was charged. The then ruling was People
v. Macarandang where the Court interpreted secret
agents as peace officers. Hence, the latter should apply
to this case since Licera relied on it in good faith.
41
Courts are not authorized to insert into the law what they think
should be in it or to supply what they think the legislature would
have supplied if its attention had been called to the omission.
(People v. Garcia)
42
Lacson v. Roque
AIDS TO CONSTUCTION
Intrinsic Aids
1.
2.
3.
4.
5.
6.
7.
Title
Preamble
Context of the whole text
Punctuation marks
Capitalization of letters
Headnotes or epigraphs
Language/ lingual text
Title
-
Ebarle v. Sucaldito
Gov. Ebarle sought to dismiss several criminal charges
of graft and corruption due to non-compliance to EO
264 outlining the procedures for complaints against
government officials with commission of irregularities.
Held: The title of the statute clearly talks about
commission of irregularities, meaning to say,
administrative complaints. Hence, this is not applicable
to criminal procedures. While both may be considered
crimes, the EO is rather specific about this.
Preamble
43
Art. VI Sec. 26(1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. x x x
People v. Purisima
PD 9 was promulgated making the carrying of bladed
weapons criminal. Several individuals in different
provinces were caught and charged for this.
Held: The Court, in using the whereas clauses, said
that in order for this to be a crime, it should be in
furtherance to rebellion, sedition and coup detat.
Clearly, the acts should be within the intent of PD 1081
and GO 6 and 7.
Punctuation mark
45
44
The case also talked about the principle of ejusdem generic, where
general words cannot be given their generic meaning if followed by
specific words: (1) managing head, (2) directors, (3) partners. The
problem with this is that the specific word came first.
Extrinsic aids
1.
2.
3.
4.
5.
6.
7.
8.
Dictionaries46
- Legal, scientific, general dictionaries
- Used when statutes do not define the
words or phrases used and the purpose or
context in which the words are employed
- But definitions are not binding to courts
General rule: Dictionaries usually define
words in their natural, plain and ordinary
acceptance and significance
Presumption: Lawmakers, ordinarily
untrained philologists and lexicographers, use
words in their common meaning
Exception: When the statute has defined the
words used and/or the legislature has
intended a technical or special legal meaning
to these words.
Consequences of various constructions
- The objective should always arrive at a
reasonable and sensible interpretation in
accord with the legislative intent
General rule: Construction that will lead to
injustice or hardship, result in absurdity,
defeat the legislative intent or spirit, preclude
accomplishment of legislative purpose or
object, render certain words or phrases a
surplusage, nullify the statute or make any of
46
o
o
Presumptions
- Based on logic, experience and common
sense.
- In absence of compelling reasons to rule
otherwise, doubt should be in favour of
the presumption on that matter.
Legislative history
- The origin and history of the statute
- Refers to all its antecedents from its
inception until its enactment into law.
- Covers the period and steps done from
the time the bill us introduced until it is
finally passed by the legislature
a. Presidents message to legislature
b. Explanatory note
c. Legislative debates, views and
deliberations
d. Reports of commissions
e. Prior laws from which statute is based
f. Amendment of the statute
g. Adopted statutes
h. Conditions at the time of enactment
i. History of the times
Presidents message to legislature47
- The Presidents address usually contains
proposed legislative measures.
- It indicates his thinking on the proposed
legislation which, when enacted into law,
follows his line of thinking.
Explanatory note
- Short exposition or explanation
accompanying a proposed legislation by
its author or proponent.
47
Art. VII, Sec. 23 (Const). The President shall address the Congress
at the opening of its regular session. He may also appear before it at
any other time.
48
Amendment by deletion
- Deleting certain words or phrases in a
statute indicates the legislative intent to
change its meaning
Presumption: The legislature would not have
made the deletion had the intention been not
to effect a change in meaning.
Reports of commissions49
- Usually present in the codification of laws
for they compile and collate all laws on a
particular subject and prepare a draft of
the proposed code
Prior laws from which a statute is based
- Part of the antecedent of the statute
involved are prior laws on the same
subject
- Especially applicable in the interpretation
of codes and revised or compiled statutes
- Shows the legislative history that may
clarify the intent of the law or shed light
on its meaning and scope
Amendments of statutes
* Applies when the deleted words or phrases
are not surplusage or when the intention is
clear to change the previous meaning of the
old law.
49
In Enrique v. CA, the MSPB law did not render the CSC law invalid
since the two can be harmonized. The first duty of the court is to
reconcile the conflicting provisions. Only if the repugnancy is
irreconcilable that we can say that there has been an implied repeal.
Ty v. Trampe
Ty, a registered owner of the land, received a notice of
assessment respecting certain real properties.
Held: There is no express repeal especially because the
statute has provided a clause enumerating the laws it
shall repeal. Before determining if there is an implied
repeal, the Court should try to harmonize said laws.
The assessors action was set aside since he should
have coordinated with other city assessors before
determining the tax increase.
Adopted statutes
- Foreign statutes adopted in this country
form part of its legislative history.
General rule: The interpretation and decision
of foreign courts are given great weight if the
local statute was patterned after or copied
from those of another country.
51
Contemporaneous construction52
- Also called practical constructions
- Constructions placed upon the statutes at
the time of, or after, their enactment by
the executive, legislative or judicial
authorities
Maxim: contemporanea exposition est optima
et fortissimo in lege (the contemporary
construction is strongest in law)
*What is commonly understood as
contemporaneous construction is that one placed
upon the statute by an executive or
administrative officer.
*With the duty to enforce the laws come the
interpretation of its ambiguous provisions.
Weight given to contemporaneous construction
- It is entitled to great weight and respect
by the courts in the interpretation of
ambiguous provisions of law.
- Especially if the construction is followed
for a considerable period of time (Molina
v. Rafferty), weight given increases as the
period in which it is followed and
observed lengthens and its acceptability
widens.
- So long as it continues and Congress has
not seen fit to repeal or change the law
Presumption: Executive officials are presumed to
have familiarized themselves with all
considerations pertinent to the meaning and
purpose of the law, and to have formed an
independent, conscientious and competent
expert opinion (Asturias Sugar Central, Inc. v.
Commissioner of Customs)
Reasons:
1. Respect due the government agency or
officials charged with the implementation
of the law
52
53
54
55
Legaspi v. Mathay
*Legislative interpretation
1. Prescribes rules of construction or
indicating how its provisions should be
construed in an interpretative or
declaratory clause of a statute
2. The legislature may also define the terms
used in the statute
3. It may also pass a resolution indicating its
sense or intention in a statute
4. May also take the form of legislative
approval:
a. Re-enactment of a statute
previously given a
contemporaneous construction is
a persuasive indication of
legislative approval58
b. Using words similar in import to
the language of an earlier law
which has received a practical
interpretation
c. Amending a prior statute
without providing anything
which would restrict, change or
nullify the previous
contemporaneous construction
placed upon it
d. Appropriating money for the
officer designated to perform a
task pursuant to an interpretation
of a statute
e. With notice of a previous
construction, the legislature did
not do repudiate it, there is
implied acquiescence to, or
ABS-CBN v. CTA
A memorandum circular interpreting the National
Internal Revenue Code was release. Following this,
ABS-CBN dutifully paid the taxes according to the
formula set. A new law was passed amending the
assailed provision. A new order was released by the
commissioner of internal revenue revoking the earlier
circular for being erroneous for lack of legal basis.
Because of this, they demanded petitioner to pay the
deficiencies based on the new formula.
Held: Although the government is not estopped to
collect taxes because of mistakes of its collectors, it
admits of certain exceptions in the interest of justice
and fair play. The order cannot be retroactively applied
if it will prejudice the taxpayer, especially if the latter
has followed it in good faith.
57
ABS-CBN v. CTA
58
Art. 8 (CC)
62
In Tung Chin Hui v Rufus B. Rodriguez, the Court held that the
doctrine of stare decisis cannot be invoked since there is a new law
that took effect, hence, the rulings of the previous cases shall no
longer apply.
64
68
69
65
Baranda v. Gustillo
For equity is available only in the absence of law and not its
replacement. Equity is described as justice outside legality, which
simply means that it cannot supplant although it may supplement
the law. Aequitas nunquam contravenit legis. Equity never acts in
contravention of justice (Aguila v. CFI Batangas).
When used:
- A statute must be capable of construction
or interpretation. The court must use
every authorized means to ascertain the
intent of the statute and give it an
intelligible meaning. The court may even
depart from the language of a statute if to
do so will enable to effectuate legislative
intent and purpose.
- If a language is capable of more than one
meaning is to be taken in such sense as to
harmonize with the intention and object
and effectuate the purpose of the
enactment.
Phrases:
1. The thing which is within the intention of
the statute is as much within the statute
as if it is were within the letter, and a
thing which is within the letter of the
statute is not within the statute unless it
be within the intention of the lawmaker.71
2. Intent is the spirit which gives life to a
legislative enactment.72
How done:
In correcting a clerical error or obvious
mistake, the court is not indulging in a judicial
legislation, it is merely endeavouring to rectify
and correct a clearly clerical error in the wording
70
71
US v. Go Chico
72
Torres v. Limjap
73
Lamp v. Phipps
74
75
Griffin v. Greene
76
Demafiles v. COMELEC
Salaysay v. Castro
78
Santillon v. Miranda
79
80
81
Salenillas v. CA
83
84
People v. Duque
Limitations:
1. Since it excludes what is merely plausible,
beneficial or desirable, this may not be
used to justify the inclusion in a statute of
what to the court to be wise and just,
unless it is at the same time necessarily
and logically within its terms.
2. May not be used to support an
interpretation destructive of the object or
purpose of the law.
3. May not be contrary to the Constitution
or to existing laws.
Necessary implications:
1. Remedy implied from a right
The existence of a right in favour of a
person implies a corresponding obligation
on the part of another who violates such
right, and entitles the former to a remedy
to assure its observance and vindication.87
8. Implications
Doctrine of necessary implications- what is
implied in the statute is as much a part of it as
that which is expressed.85 Every statute is
understood, by implication, to contain all such
85
86
Go Chico v. Martinez
87
In re Dick
89
Castillo v. Pajo
90
91
92
Grodon v. Veridiano
Esperanza v. Castillo
94
Ligot v. Mathay
95
96
Barsobia v. Cuenco
98
People v. Buenviaje
99
De Ponce v. Sagario
*Progressive interpretation
- Generic term should include not only
peculiar conditions obtaining at the time
of its enactment but those that may
normally arise after100
- Apply to all cases that come within the
terms and its general purpose and policy,
existing subsequent to its passage
- Keeps legislation from becoming
ephemeral and transitory
Where the law does not distinguish
- Corollary of the principle that general
words and phrases in a statute should be
accorded their natural and general
significance101
- General term or phrase should not be
reduced into parts and one part
distinguished from the other so as to
justify exemptions from the operation of
law102
- Corollary to this is where the law does not
make any exceptions, the court may not
except something from it
Maxim: ubi lex non distinguit nec nos
distinguire debemos (where the law does not
distinguish, courts should not distinguish)
Presumption: The legislature made no
classification in the use of a general word or
expression
Exception: Where there are facts or
circumstances showing that the legislature
intended a distinction or qualification
Ramirez v. CA
Private respondent allegedly insulted and humiliated
petitioner in a manner offensive to her dignity and
personality. Because of this, she instituted a civil case
for damages where she presented a verbatim
transcript of the event because she recorded said
conversation. With this, private respondent filed a
criminal case against Ramirez for violating the antiwiretapping act or RA 4200. Petitioner contended that
103
104
100
Geotina v. CA
105
101
Lo Cham v. Ocampo
106
102
107
Manlayaon v. Lising
Rura v. Lopena
109
110
Dictated by context
- The context dictates how words should be
construed.
o Broad sense to a word of ordinarily
limited meaning (e.g. riparian refers not
only those living near the river but have a
water frontage)111
o Limited meaning of a word of broad
signification (e.g. overthrow in the AntiSubversion Act is limited to those by force
or violence)112
o Generic in one part, limited in another
(e.g. owner may be real or the
manager)113
Maxim: verba accipienda sunt secundum
materiam (a word is to be understood in the
context in which it is used)
111
112
People v. Ferrer
113
People v. Nazario
People v. Delantar
Defendant Delantar was charged because of facilitating
and inducing his stepdaughter to sexual servitude.
Because of their relationship, it was claimed that the
crime was attended with an aggravating circumstance
of relationship.
Held: His relationship with the victim is not included in
those enumerated. It was not proven that he was the
real or biological father. At the most, he was said to be
the guardian. But the word guardian envisaged by
the law is that of having a legal relationship
considering the other words in the list.
Carandang v. Santiago
Petitioner survived the attack of respondent Santiago.
As a result, respondent was charged with frustrated
homicide. Carandang filed a civil case to recover
damages against respondents and his parents.
Respondents argued that frustrated homicide was not
included as basis for a civil case under Art. 33 invoked
by the petitioner.
Held: The term physical injuries under Art. 33 should
not be construed as a specific crime falling under the
Revised Penal Code. Other words associating itdefamation and fraud- do not have a specific definition
and provisions in the RPC. Hence, it should be
understood in its generic sense, any bodily injury.
Ejusdem generis
- While general words are accorded their
generic sense, as a rule, they will not be given
such meaning if they are used in association
with specific words.
- When a general word follows an enumeration
of particular and specific words of the same
class, the general word is to be restricted to
persons, things or cases of the same kind as
those specifically mentioned.
Presumption: Had the legislature intended the
general words to be used in their generic and
unrestricted sense, it would not have enumerated
114
Felipe v. De la Cruz
116
Nera v. Garcia
Exceptions:
1. Where the intention of the law is to apply
the phrase to all antecedents embraced in
the provision, the same should be made
extensive to the whole.
*Slight indication of this intent is
sufficient to extend the relative term117
2. The intention is not to qualify the
antecedent at all.118
Cadayona v. CA
Petitioner was suspended by the Civil Service
Commission. As a result, he filed a motion for
reconsideration with the CA. The latter dismissed it
because three annexes were not certified true copies.
Held: The doctrine of last antecedent cannot be
applied qualifying other supporting papers with
certified true copies. Only the judgment, final order
or resolution are required to be certified true copies.
The court cited several provisions showing that only
the three need be certified true copies. To rule
otherwise would be too harsh and would not promote
a just, speedy and underlying disposition of the case.
Florentino and Zandueta v. PNB
Petitioners filed a mandamus to compel PNB to accept
their backpay certificate to pay their debts. However,
PNB refused arguing that there was a qualification of
who may be willing to accept the same as settlement
in the statutory provision.
Held: Said qualification should refer to the last
antecedent any association or corporation organized
under Philippine laws. The purpose of the statute is
the recognition of the government of the contribution
of veterans to the resistance movement. Hence, its
agencies must accept said certificates. To impose this
on private corporations would tantamount to
deprivation of property because of the lower rate it
has.
Ochate v. Deling
118
120
Pendon v. Diasnes
121
Bautista v. Fule
122
Rowell v. Janurin
123
Sotto v. Sotto
124
Maddumba v. Ozaeta
125
Republic v. Reyes
127
Lo Cham v. Ocampo
128
129
130
131
Alba v. Evangelista
132
133
Mutuc v. COMELEC
135
136
Lacson v. Roque
137
Id at 135
138
Republic v. Asuncion
140
- embraces a class of
subjects or places and does not omit any
subject or place naturally belonging to such
class141
Special statute- relates to a particular person
or things of a class or to a particular portion
or section of the state only142
General rule: The special must prevail since it
evinces the legislative intent more clearly than
that of a general statute and must be taken as
intended to constitute an exception to the
general act143
*The circumstance that the special law is passed
before or after the general act does not change
the principle
Reason: The legislature has its attention directed
to the special facts and circumstances which the
special act is intended to meet. It considers and
makes provisions for all the circumstances of a
particular case.144
Exceptions:
1. Where the legislature clearly intended the
later general enactment to cover the whole
subject and to repeal all prior inconsistent
laws
2. Where the special law merely establishes a
general rule while the general law creates a
specific and special rule
Lichauco & Co. v. Apostol
Petitioner wanted to import draft and bovine cattle for
the manufacture of serum from Pnom-Pehn. But
respondent did not admit the cattles.
Held: Sec. 1770 of the Administrative Code has not
been repealed by Act No. 3052. Unless there is an
irreconcilable repugnancy, there can be no implied
repeal. Sec. 1770 (AC) deals with a special contingency
(any animal from which the Department Head declares
that a dangerous communicable disease prevails in a
141
Valera v. Tuason
142
Id at 140
143
144
2. Reference statutes
- Refers to other statutes and makes them
applicable to the subject of legislation.
- Incorporation in a statute of another statute
by reference
- Used to avoid encumbering the statute books
of unnecessary repetition
- Recognized as an approved method of
legislation in the absence of constitutional
restrictions
- Adoption by reference of a statute previously
repealed revives that statute but does not
include subsequent changes or modification
People v. Martin
Hermin Arceo and Simeona Martin were charged with
possession of counterfeit science stamps. The CFI
dismissed it since RA 5448 did not punish said crime
because no mention was made regarding a science
stamp. The penalties mentioned in RA 5448 refers
only to the administrative and not criminal.
Held: Since the statutes are in pari materia, sec. 4(2) of
RA 5448 referred to the manner and time of collection,
and the penalties provided in Sec. 240 of the National
Internal Revenue Code (NIRC). This made the provision
complete and as effective and fool proof as the earlier
statute, hence, it must be criminal in nature.
3. Supplemental statutes
- Intended to supply deficiencies in an existing
statute and to add, to complete, or extend
5. Adopted statute
- A statute patterned after, or copied from a
statute of a foreign country
- In construing adopted statutes, the court
must take into consideration:
o construction of the law by the courts of
the country from which it is taken,
o law itself
o practices under it
Exception: construction given to the statute
subsequent to its adoption, but it has persuasive
effect
Banas v. CA
Banas sold a land to Ayala Investment for P2,308,770.
In the Deed of Sale, it was agreed that he shall be paid
in instalment for four years. On the same day, he
discounted the promissory note with Ayala. He was
issued 9 checks all dated with that day drawn against
BPI. In the first year, he reported P461,754 as his
income, and a uniform income of P230,877 for the
succeeding years. He was charged for tax evasion but
applied for tax amnesty under PD 1740. He filed for
another tax amnesty under PD 1840. But he still
insisted that he was paid in instalment.
Held: To avail of the tax amnesty, there should be a
disclosure of untaxed income. When he discounted the
check, he lost his entitlement of payment through
instalment since he immediately received cash. The
law was adopted from the US where it held that an
instalment obligation discounted at a bank, it would
result to a taxable disposition. Hence, he should have
declared the whole income in that year.
Tanada v. Yulo
1. Penal statutes
- Those which define crimes, treat of their
nature, and provide for their punishment
- Strictly construed against the State and
liberally in favour of the accused146
Reason:
a. The law is tender in favour of rights of an
individual; the object is to establish a
certain rule by conformity to which
146
People v. Subido
147
People v. Purisima
Held: The testator himself signed the will and all pages.
It is not important that every page must be signed by
the witnesses. But he lacks the element of a will. To be
valid, it should be executed in accordance with
statutory provisions.
149
150
Id.
152
Sec. 3 Art. XVI (Const). The State may not be sued without its
consent.
153
Santos v. ECC
Petitioners husband, who worked as welder for the
Philippine Navy, died of liver cirrhosis. She then filed a
with the GSIS a claim for death benefit, pursuant to PD
626. The GSIS denied the claim reasoning out that liver
Guerrero v. CA
Spouses Guerrero allowed Apolinario rake care of their
cows and to do chores and harvest in the plantation
owned by them. As such, he shared 1/3 from the
proceeds of copra he processed and sold to the
Sec. 5 Art. X (Const). Each local government unit shall have the
power to create its own sources of revenues and to levy taxes, fees
and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to
the local governments.
Republic v. Ablaza
Ginete v. Arcange
158
Malkano v. Agrava
159
160
Santiago v. COA
161
Cabunilas v. CA
162
Santos To v. Pano
Language used
General rules:
1. Statutes using words of commands (shall,
must, ought, should) or prohibition
(cannot, shall not, ought not) connotes
compulsion and are regarded as
mandatory and imperative165
2. Negative words or those in form of an
affirmative proposition qualified by the
word only have the force of
exclusionary negation166
163
Brehn v. Republic
164
Buyco v. PNB
165
Id at 145
166
Valdez v. Tuason
McGee v. Republic
168
Stanley v. Miller
169
Legazpi v. Estrella
Entire statute
Object
Purpose
Legislative history
Consequences
Directory if...
a. No substantial rights depend on it
b. No injury can result from ignoring it
c. The purpose of the legislature can be
accomplished in a manner other than that
prescribed and substantially the same
results obtained
d. Where the directions of the statute are
given merely with a view to the proper,
orderly, and prompt conduct of business
e. Compliance with the statute is a matter of
convenience rather than substance
Mandatory if... 170
a. The doing of an act is required by justice or
public duty
b. It vests a public body or officer with power
and authority to take such action which
concerns the public interests or rights of
individuals
c. If it will cause hardship or injustice on the
part of the public
d. If it will lead to absurd, impossible or
mischievous consequences
e. Non-compliance with what is required will
result in the nullity of the act
Berces, Sr. v. Guingona, Jr.
Petitioner filed two administrative cases against the
mayor of Tiwi, Albay; of which the latter was
170
Mandatory statutes
1. Conferring power
2. Granting benefits
3. Prescribing jurisdictional requirements
a. Prescribing time to take action or to
appeal
b. Prescribing procedural requirements
4. Election laws on conduct of election
5. Election laws on qualifications and
disqualifications
6. Prescribing qualifications for office
7. Assessment of taxes
8. Public auction sale
1. Statutes conferring power
- Confer upon a public body or officer power to
performs acts which concern the public
interests or rights of individuals
- The power is given not for the benefit of the
public officer but for third persons to meet
the demands of rights and to prevent a failure
of justice
2. Statutes granting benefits
- Requires certain steps to be taken or certain
conditions to be met before persons
concerned can avail of the benefits conferred
by law
- Failure of persons to take the required steps
or to meet the conditions will prevent him
from availing of this benefits
Maxim: vigilantibus et non dormientibus jura
subveniunt (law aids the vigilant, and not those
who slumber on their rights)
potior est in tempore, potior est in jure
(he who is first in time is preferred in right)
Directory statutes
1. Prescribing guidance for officer
2. Prescribing manner of judicial action
3. Rendition of decision within prescribed
period
1. Statutes prescribing guidance for officers
- Intended to guide public officers in the
conduct of business
173
Sec. 15(1) Art. VIII (Const). All cases or matters filed after the
effectivity of this Constitution must be decided or resolved within
twenty-four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for all other lower
courts. See also Sec. 7. Art. IX(A). Each Commission shall decide by a
majority vote of all its Members, any case or matter brought before
it within sixty days from the date of its submission for decision or
resolution.
171
Gafor v. COMELEC
174
172
Aguila v. Genato
175
Dimson v. Elepano
Prospective statutes
1.
2.
3.
4.
5.
6.
Penal statutes
Ex post facto
Bill of attainder
Statutes substantive in nature
Statutes affecting vested rights
Statutes affecting obligations of
contract
7. Repealing and amendatory acts
Retroactive statutes
1.
2.
3.
4.
5.
Procedural
Curative
Police power legislations
Statutes relating to prescription
Statutes relating to appeals
Laceste v. Santos
177
178
AMENDMENT, REVISION,
CODIFICATION AND REPEAL
*The legislature has the authority to amend,
subject to constitutional requirements, any
existing law.
Amendment
- change or modification, by addition, deletion,
or alteration of a statute
- effected by the enactment of an amendatory
act or modifying or altering some provisions
of the statute
o Express- an amendatory act that specific
provisions of a statute are amended as
recited therein
o Implied- a part of a prior statute
embracing the same subject as the later
act may not be enforced without
nullifying the pertinent provision of the
latter. The prior act is deemed amended
to the extent of the repugnancy.
General rule: Implied amendment is never
presumed nor favoured. Every statute should be
harmonized with other laws on the same
subject.179
Exception: A clear inconsistency and
irreconcilable repugnancy between statutes.180
Effectivity
- Amended takes effect 15 days following the
publication in the Official Gazette or a
newspaper of general circulation181
- An amended is a part of the original act that is
already in force and effect, hence, it becomes
effective as part of the amended law at the
time the amendatory act takes effect
General rule: Amended act operates prospectively
Exceptions:
1. If the legislature clearly intended its
retroactive effect
Effects
Presumption: The legislature would not have
amended it had it not wanted to change its
meaning
- Meaning of law changes because an amended
act should be given a different construction
from that of the original.
- As if the original statute has been repealed
and a new and independent act in the
amended form had been adopted
- As if the statute has been originally enacted in
its amended form
- The provisions of the original act not affected
by the amendment remain in force, while
those omitted are deemed repealed182
- Jurisdiction of a court is determined by the
law in force at the time the action is
instituted. And once the court has acquired
jurisdiction, that will remain with it until the
case is decided.183
o If a statute amends a prior act with the
effect of divesting the court of
jurisdiction, it may not be construed as to
oust jurisdiction that may have already
attached under prior law. This would be a
subversion of the judicial process.184
o This rule also applies to quasi-judicial
bodies.185
- An invalid law does not exist. If a prior statute
which has been amended is declared invalid,
nothing has been amended. If the
amendatory act is complete by itself, it will be
considered as an original or independent
act.186 If the amendatory act is declared
182
183
Rillaroza v. Arciaga
179
Estrada v. Caeda
184
Government v. Gale
180
185
181
186
People v. Lim
Repeal
- The power to enact a law necessarily includes
the power to repeal it for the legislature
cannot enact an irrepealable laws to limit the
future legislative acts
- Only the legislature can repeal laws. The
Supreme Court can only promulgate rules of
procedure and cannot exercise such power to
alter, change or repeal substantive laws
- Every legislative body may modify or abolish
the acts passed by itself or its predecessor
and may be exercised at the same session
which the original act was passed, and even
where the bill is in its progress and before it
becomes a law
Total repeal is rendered revoked completely,
while a partial repeal leaves the unaffected
portions of the statute in force.
A declaration in a statute that a particular and
specific law (identified by its number and title) is
repealed is an express repeal. All other repeals
are implied repeals.
A law is repealed only by the enactment if
subsequent laws. Violations, non-observance,
disuse, customs and practices on the contrary do
not render a prior law repealed.
Repeal by implication
- Where a statute of a later date clearly reveals
an intention on the part of the legislature to
abrogate a prior act
- This intention must be clear and manifest
- Categories:
o Two acts on the same subject and have
the same object are in an irreconcilable
conflict, the later act to the extent of the
Government v. Agoncillo
Mecano v. COA
Effects of repeal
1. Renders inoperative as of the date the
repealing act takes effect. It is a
declaration that the repealed statute is
invalid from the date of enactment
2. But it does not undo the consequences of
the operation of the statute while in
force, unless directly expressed by the
language or necessary implications. It
cannot render illegal what was legal
before
3. Cannot oust jurisdiction from a court, nor
render its decision void
4. Defeats all actions and proceedings still
pending which arose from the repealed
statute since an appellate court will
dispose of a question according to the law
prevailing at the time of rendition of the
appealed judgment
5. Does not destroy or impair vested rights
under the statute prior its repeal. Rights
accrued and vested while a statute is in
force survives repeal
6. It will not affect the terms of contract
entered into by parties on the basis of the
repealed law. And will apply even if one
of the contracting parties is the
government.190
7. It does not preclude collection of taxes
under the repealed law
8. But will deprive the court of its
jurisdiction if a penal law is repealed since
the act is not anymore considered
criminal
9. Repeal of a municipal charter destroys all
offices under it, and puts an end to the
functions of an incumbent, except those
saved by the charter
190