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STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Diaz)

I. PRELIMINARY CONSIDERATIONS alternative but to apply the law and not to interpret
(Verbal egis – plain meaning rule). Stated differently,
Statutory Construction
the Court cannot shy away from applying the law
- Defined as the art or process of when no interpretation is need no matter how harsh
discovering and expounding the law may be or how grave the penalty the law
the meaning and intention of the authors of the law imposes (Dura lex sed lex – the law may be harsh
with respect to its application to a given case, but it is the law). [Article 9, NCC; People vs. Amigo]
where that intention is rendered doubtful,
among others, Different Kinds of Construction and Interpretation
by reason of the fact that the given case Hermaneutics – science or art of construction and
is not explicitly provided for in the law interpretation; legal hermeneutics – systematic body of
(Caltex vs. Palomar) rules which are recognized as applicable to the
- Art of seeking the intention of the legislature construction and interpretation of legal writings
in enacting a statute and Dr. Lieber’s: (PECELF)
applying it to a given set of facts (Justice Martin) 1. Predestined interpretation – biased personal
- Branch of the law interpretation includes artful interpretation
dealing with the interpretation of laws preconceived by his views and desires
enacted by a legislature (American jurisprudence) 2. Extensive interpretation - liberal interpretation;
more comprehensive signification of words
Construction vs. Interpretation 3. Close interpretation – literal interpretation; words in
Drawing of conclusions Process of discovering the their narrowest meaning
with respect to the subjects true meaning of the 4. Extravagant interpretation – substitutes a meaning
beyond the direct language used evidently beyond the true one; not a genuine
expression of the text from interpretation
the element known and 5. Limited or restricted interpretation – influence by
given in the text other principles than the strictly hermeneutic ones
6. Free or unrestricted interpretation – rely on
Ascertain the meaning of Ascertain the meaning of general principles of interpretation in good faith not
the law beyond the the law through a word by any specific or superior principle
language of the statute found in the statute and
through the assistance of limited only to exploring  Laws are more often interpreted either literally,
extrinsic aids the written text strictly or liberally, and prospectively or
retrospectively
Situs of Construction and Interpretation
The purpose of construction and interpretation of II. STATUTES
statute is to ascertain and give effect to the legislative
intent. In our system of government, we observe the Bill – draft of a proposed law from the time of its
principle of separation of powers and the system of introduction in a legislative body; term used before it is
checks and balances where the legislative power is enacted into law
vested in the Congress, the executive power to the Statute – written will of the legislature solemnly
President of the Philippines, and the judicial power to expressed according to the form necessary to constitute
one Supreme Court and in such lower courts. Thus, the it as the law of the state
situs of construction and interpretation is vested in the Statute law – statute + judicial interpretation
judicial department.
How a Bill Becomes a Law (page4)
Requisites in Construing and Interpreting a Law
1. Actual controversy Constitutional Test in the Passage of a Bill
- A case brought to the court by party litigants to 1. Every bill passed by Congress shall embrace only
hear and settle their disputes one subject which shall be expressed in the title
2. Ambiguity in the law thereof (Article VI, Section 26[1], PGC). The purpose
- The law involved is susceptible of two or is to prevent hodge-podge or log-rolling legislation,
more interpretations prevent surprise or fraud upon the legislature, and to
- Ambiguity: fairly apprise the people.
Doubtfulness; 2. “Three Reading” and “No Amendment” rules.
doubleness of No bill passed by either House shall become a law
meaning; duplicity; unless it has passed three readings on separate
indistinctiveness; or days, and printed copies thereof in its final form
uncertainty of meaning have been distributed to each member three days
- Patent ambiguity – appears on the face of the before its passage (Article VI, Section 26[2], PGC).
instrument and arises from the defective, vague, This is to prevent hasty and improvident legislation
obscure, or insensible language used and afford the legislators time to study and
deliberate the measures.
 Duty of the court is to apply the law. When the law is 3. President’s approval and veto power.
clear and unequivocal, the Court has no other
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STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Diaz)

Every bill passed by the Congress shall, before it a. Irreconcilable conflict – two statutes on the
becomes a law, be presented to the President (Article same matter
VI, Section 27[1], PGC). [Explain Checks and Balance] b. Substitute – later statute covers the whole
Parts of Statute (TPEBpeRSSE) subject of an earlier statute
1. Title – heading; summary of contents Ordinance
2. Preamble – rationale; “whereas” Ordinance is an act passed by the local legislative body
3. Enacting Clause – states that it has gone through in the exercise of its law-making authority.
due process; “be it enacted”
4. Body – main & operative part; provisos & exceptions Test of a Valid Ordinance (CU2P2G)
5. Repealing Clause – repeal 1. Not contravene the Constitution or any statute
6. Saving Clause – save rights, etc. 2. Not be unfair or oppressive
7. Separability Clause – remaining provisions shall 3. Not be unreasonable
still be in force 4. Not be partial or discriminatory
8. Effectivity Clause – effective date of the law 5. Not prohibit but may regulate trade
6. General and consistent with public policy
Kinds of Statutes
1. General – community at large  Ordinance should not contravene any statutes
2. Special – particular purpose; limited in range; because Municipal governments are only agents of
confined to a prescribed field the national government. Thus, local councils
3. Local – particular locality exercise only delegated legislative powers conferred
4. Public – general classification of law on them by Congress as the national law making
5. Private – relationship among individuals, body.
associations, and/or corporations
6. Remedial – means and method (Rules of Court) Processual Presumption
7. Curative – correct errors and irregularities Where a foreign law is not pleaded, or even if
(retrospective legislation) pleaded, is not proved, the presumption is that foreign
8. Penal – defines criminal offenses (and punishments) law is the same as ours.
9. Prospective – applicable only after its enactment
10. Retrospective – contemplates the past III. BASIC GUIDELINES IN THE CONSTRUCTION
11. Affirmative – what shall be done AND INTERPRETATION OF LAWS
12. Mandatory – statutes which require and not merely
permit; opposite of prohibitory laws Legislative Intent – objective footprints left on the trail
13. Directory – observance of which is not necessary to of legislative enactment – laws are product of
the validity of the proceedings experience; what history the laws constitute

Judicial Doctrine 1. Verba legis

Judicial interpretation of a statute, which constitutes - Plain meaning rule
part of the law as of the date it was originally passed - Verbal egis non est recedendum – from the words
since the Court’s construction, merely establishes the of the statute there shall be no departure
contemporaneous legislative intent. - State must be interpreted literally
2. Statute as a whole
Concept of Vague Statutes - Statute must be considered as a whole, just as it
It is said to be vague when it lacks comprehensible is necessary to consider a sentence in its entirety
standards that men “of common intelligence must in order to grasp its true meaning.
necessarily guess at its meaning and differ as to its - Thoughts conveyed by the statute in its entirety
application.” It is repugnant to the Constitution in two may reveal the inaccurate use of words.
respects: (1) it violates due process for failure to accord - Ut res magis valeat quam pereat – the thing may
persons, especially the parties targeted by it, fair notice rather have effect than be destroyed
of the conduct to avoid; and (2) it leaves the law 3. Spirit and purpose of the law
enforcers unbridled discretion in carrying out its - Ratio est anima – the reason of the law is its soul
provisions and becomes an arbitrary flexing of the - No law is ever enacted that is intended to be
Government muscle. meaningless, much less inutile.
Act must be utterly vague on its face and cannot be - Between two statutory interpretations, that which
clarified by either saving clause or by construction. The better serves the purpose of the law should prevail
vagueness doctrine merely requires a reasonable degree - Ubi lex non distinguit nec nos distinguere
of certainty for the statute to be upheld not an absolute debemos – where the law does not distinguish, we
precision. ought not to distinguish
- Cessante ratione legis, cessat ipsa lex – when the
Repeals of Statutes reason of the law ceases, the law itself ceases
1. Express – declaration of the law being repealed 4. Implications
necessary - If the intent is expressed, there is nothing that can
2. Implied – (1) contrary to an earlier law and (2) only be applied.
one of the two statutes must stand to be operative - Expression unius est exclusion alterius – express
Two categories of implied repeal: mention is implied exclusion
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STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Diaz)

- Casus omissus pro omisso habendus est – a case - “and” – conjunction; addition
omitted is to be held as intentionally omitted “or” – disjunctive particle; alternative/choice
- Ex necessitate legis – from the necessity of law between different or unlike things
- In eo plus sit, sunperinest et minus – the greater “and/or” – “and” and “or” are to be used
included the lesser interchangeable
5. Stare decisis 9. Only – exclusive
- Stare decisis et non quieta movere – to stand by 10. Week – period of seven consecutive days without
decisions and do not disturb the undisturbed regard to the day of the week on which it begins
- Adherence to judicial precedents 11. Proviso – “provided”; clause or part of a clause in
- When the court has once laid down a principle of the statute, the office of which is either:
law as applicable to a certain state of facts, it will a. to except something from the enacting clause;
adhere to that principle, and apply to it to all future b. to qualify or restrain its generality; or
cases, where facts are substantially the same. c. to exclude some possible ground of
- Matters already decided on the merits cannot be misinterpretation of its extent
relitigated again and again
V. PRESUMPTIONS IN AID OF CONSTRUCTION
IV. CONSTRUCTION AND INTERPRETATION OF WORDS AND INTERPRETATION
AND PHRASES
1. Presumption against unconstitutionality
1. When the law does not distinguish, courts 2. Presumption against injustice
should not distinguish 3. Presumption against implied repeals
- Ubi lex non distinguit nec nos distinguere 4. Repeals of statute by implication not favored
debemos 5. Presumption against ineffectiveness
- General words and phrases in a statute should 6. Presumption against absurdity
not ordinarily be accorded their natural and 7. Presumption against violation of
general significance. international law
2. General and Special Terms
- General terms – general construction VI. INTRINSIC AIDS IN CONSTRUCTION AND
Special terms – restrained and limited INTERPRETATION
3. General terms following special terms
- Ejusdem generis – of the same kind Intrinsic Aids – internal or within; aids within the statute
- Where general words follow an enumeration of
persons or things, by words or a particular and 1. Title
specific meaning, such general words are not to 2. Text of the statute
be construed in their widest extent but only to 3. Preamble
those specifically mentioned.
- Case cited: People vs. Echaves, Vera vs. Cuevas
4. Express mention and implied exclusion
- Expression unius est exclusion alterius
- Useful only as a guide in determining the probable
intention of the legislature
- Where a statute appears on its face to limit the
operation of its provisions to particular persons or
things by enumerating them, but no reason exists
thy other persons or things not so enumerated
should not have been included, and manifest
injustice will follow by not so including them, the
maxim expression unius est exclusion alterius
should not be invoked.
5. Associated words
- Noscitur a sociis – one is known by his companion
- Associated words explain and limit each other
- Redendo singular singulis – referring each to each
- Optima statute interpretatix est ipsum statutum –
the best interpreter of the statute is the statute itself
6. Use of negative words
- Negative words – mandatory
Affirmative - directory
7. May, shall, must, ought
- “may” – permissible; directory not mandatory
“may not” –mandatory; “may” becomes prohibitory
“shall”, “must”, “ought” – imperative; not always
imperative and may be consistent with an exercise
of discretion
8. The use of the terms “and” and “or”
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STATUTORY CONSTRUCTION REVIEWER (Atty. Noli C. Diaz)

NOTE: Quorum is a sufficient number of members of

National Assembly or Congress to transact its daily
business. Usually, it is 51% of the number of the body
How a Bill Becomes a Law or 50% plus one depending on their internal rules.
a. A member of the National Assembly may introduce
the proposed bill the Secretary of the National i. If the “NO Vote” wins, the proposed bill is dead.
Assembly who shall calendar the same for its first
reading. Of course, the proponent must affix his At this stage lies the difference between
signature in the proposed bill stating his purpose. parliamentary system enshrined in the 1973
Constitution and the present 1987 Constitution.
b. In the first reading, the bill is read by its number and Under our present set-up, if two-thirds of all the
title only. members of a House decided to pass the bill, it shall
be sent, together with the objections to the other
c. After the first reading, the bill is referred by the house where it will undergo the same process,
Speaker to the appropriate committee for study. At meaning another (3) readings on separate days.
this stage, the appropriate committee will conduct Moreover, if there is a variance between the
public hearings. It must call all the necessary proposed bill of the HOR and the Senate version of
parties, person, organizations, or sectors of societies the bill, it may pass through the powerful bicameral
involved to obtain their reactions and feelings on the conference committee, which can introduce
proposed bill. amendments to suit both house of Congress. This is
also known as the compromise bill.
After the public hearing, the committee shall decide
whether or not to report the bill favorably or whether NOTE: At this stage, the original bill conceived by
a substitute bill should be considered. the original author may no longer be his proposed
bill.
NOTE: Should there be unfavorable report from the j. After the bill has been finally passed, it will be
committee, the bill is dead. submitted to the Prime Minister (President) for his
approval. If he approves the same, he shall sign it,
d. Upon favorable action by the appropriate committee, otherwise, he shall veto it and return the same with
the bill is returned to the National Assembly and his objections to the National Assembly (House
shall be calendared for the second reading. where it originated) and, if approved by two-thirds of
all its members, shall become a law.
e. In the second reading, the bill is read in its entirety.
Under the present set-up, the house where the bill
f. Immediately after the second reading, the bill is set originated can proceed to reconsider the vetoed bill.
for open debates and members of the National After such reconsideration, if two-thirds of all the
Assembly may propose amendments and insertions members of such house shall agree to pass the bill,
to the proposed bill. it shall be sent, together with the objections, to the
other house by which it shall likewise be
NOTE: After the amendments and insertions to the reconsidered, and if it is approved by two-thirds of all
proposed bill, the ideal bill as conceived by the the members of that House, it shall become a law. In
author may no longer be an ideal bill or vice versa, all such cases, the votes of each House shall be
i.e. it may become a better bill after deliberations determined by yeas and nays and the names of the
and debates which should be the proper case. members voting for or against shall be entered in its
journal. Every bill passed by Congress shall be
acted upon by the President within 30 days from
g. After the approval of the bill in its second reading
receipt thereof. Otherwise, it shall become a law as
and at least three (3) calendar days before its final
if he had signed it. In other words, there can be no
passage, the bill is printed in its final form and
presidential inaction or pocket veto under our
copies thereof distributed to each of the members of
Constitution.
the National Assembly unless the Prime Minister
(President under the present system) certifies in
writing as to the necessity of the immediate
enactment of the bill to meet a public calamity or
emergency (Art VI, Section 26[2], 1987 PGC)

h. The bill is then calendared for the third and final

reading. At this stage, no amendment shall be
allowed. Only the title of the bill is read and the
National Assembly will then vote on the bill. The
yeas or nays are entered in the journal. It appears
that only majority of the members present
constituting a quorum is sufficient to pass a bill.