Statutory Construction

Law is a rule of conduct, just, obligatory promulgated by legitimate authority, and of common observance and benefit.
Judicial Power- "to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on any part of any branch or instrumentality of the Government," constitutes the totality of the judicial
power which is now vested by our Constitution "in one Supreme Court and in such lower courts as may be established by
law."
1. Definition of Statutory Construction
- Statutory construction is the act or process of discovering and expounding the meaning and intention of the authors of the
law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the
fact that the given case is not explicitly provided in the law.
2. Definition of Statutory Interpretation
- Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is
often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning.
3. Distinctions Between Construction and Interpretation
Interpretation and construction have the same purpose and that is to ascertain and give effect to the legislative intent.
The key differences between interpretation and construction have been enumerated below:
a. Interpretation refers to the understanding of words and the true sense of a legal text. Construction refers to the
drawing of conclusions of the legal text that lie beyond the direct expression of the legal text.
b. Interpretation takes place when we want to find the original meaning of a legal text. All other forms of constitutional
analysis come under construction.
c. Interpretation takes place when the meaning of the legal text is clear and unambiguous so that it can be interpreted.
Construction takes place when the meaning of the text is unclear, ambiguous and is challenged.
d. A court can only interpret a legal text. Elected officials are free to construe the meaning of a legal text.
e. The main function of interpretation is to find out the simple and real meaning of the legal text. When the use of the
literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it
or not.
f. Interpretation deals with identifying the semantic meaning of a particular use of language in context. Construction is
when the meaning is applied to particular factual circumstances.
g. Interpretation finds out the ways through which any statute can be analyzed. Construction tries to conclude it.
h. Through interpretation, one can find out the linguistic meaning in the context of a legal text. Through construction,
one can discover the legal effect of the legal text.
i. Interpretation rules out ambiguity. Construction creates additional rules to resolve the vagueness.
j. Interpretation can be regarded as a broad form of construction as to how one construes a legal text. Construction is a
method of interpretation where the words are interpreted vigorously and literally.
k. Interpretation of a legal text can be done partly but construction has to be done as a whole.
4. Situs of Construction and Interpretation
In our system of government:
Legislative power is vested in the Congress of the Philippines – the Senate and the House of the Representatives;
Executive power is vested in the President of the Republic of the Philippines (Art. VII, Sec.1, 1987 Phil. Constitution); and
Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. (Art. VIII, Sec. 1,
1987 Phil. Constitution)
Legislature – makes the law;
Executive — executes the law; and
Judiciary – interprets the law.

Simply stated, the situs of construction and interpretation of written laws is in the judicial department.
It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government.

~1~
The Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower
courts have the power to construe and interpret written laws.
5. LEGIS INTERPRETATIO LEGIS VIM OBTINET
-the interpretation placed upon the written law by a competent court has the force of law.
6. When there is a room for interpretation or construction?

WHEN IS IT NECESSARY TO INTERPRET AND CONSTRUCT?

It is necessary to interpret or construct when any of the following reasons exists:
1. When the language of the statute is ambiguous, doubtful, or obscure, when taken in relation to a set of facts;
2. When reasonable minds disagree as to the meaning of the language used in the statute.
7. When can Courts construe or interpret law?
Duty of the Court to Contrue and Interpret Law, Requisites:
1. There must be an actual case or controversy, meaning a case brought to the court by party litigants to hear and settle
their dispute
2. There is ambiguity in the law involved in the controversy. Meaning the law involved is susceptible to two or more
interpretations.
8. When can Courts need not resort to interpret or construction?
-It is not necessary to interpret or construct when the law speaks in clear and categorical language.
The Duty of the Court is to apply the law. When the law is clear and unequivocal, the Court has no other alternative but to
apply the law and not to interpret.
**No Judge or Court shall decline to render judgement by reason of silence, obscurity or insufficiency of laws.
9. Punctuation and Grammar: An Aid to Construction
USE INTRINSIC AIDS BEFORE RESORTING TO EXTRINSIC AIDS
In determining the intention of the legislature, the courts may use any of the following:
1. INTRINSIC AIDS - Elements found in the law itself
Intrinsic aids are any of the following: Title, preamble, words, phrases and sentences; context; punctuation; headings and
marginal notes; legislative definition and interpretation clauses.
a. TITLE. - That which expresses the subject matter of the law. It can help in the construction of statutes but it is not
controlling and not entitled to much weight.

~2~
 The title may indicate the legislative intent to extend or restrict the scope of the law, and a statute couched in a
language of doubtful import will be construed to conform to the legislative intent as disclosed in its title. The rule
that the title may serve as a guide carries more weight in this jurisdiction because of the constitutional requirement
that every bill shall have one subject as expressed in the title thereof.

b. PREAMBLE. - That part of the statute following the title and preceding the enacting clause which states the
reasons or the objectives of the enactment. It cannot enlarge or confer powers, or cure inherent defects in the
statute.

It is that part of the statute written immediately after its title which states the purpose, reason or justification for
the enactment of the law and usually expressed in the form of “whereas” clauses. Though it is not, strictly
speaking, a part of a statute, it is the key to the statute for its sets out the intention of the legislature. It may restrict
what otherwise appears to be a broad scope of a law, or require, in the commission of a crime, an element not
clearly expressed in its text. It may express the legislative intent to make the law apply retroactively, in which case
the law has to be given retroactive effect, so as to carry out such intent (PNB v. Office of the President).

c. WORDS, PHRASES AND SENTENCES, CONTEXT. The intention of the legislature must primarily be
determined from the language of the statute and such language consists of the words, phrases and sentences used
therein. The meaning of the law should, however, be taken from the general consideration of the act as a whole and
not from any single part, portion or section or from isolated words and phrases, clauses or sentences used.

Context of Whole Text

Legislative intent should accordingly be ascertained from a consideration of the whole context of the stature
and not from an isolated part of particular provision (Aboitiz Shipping Corp. v. City of Cebu). The context may
circumscribe the meaning of a statute; it may give to a word or phrase a meaning different from its usual or
ordinary signification. In such a case, the meaning dictated by the context prevails.
Every section, provision or clause of the statute must be expounded by reference to each other in order to
arrive at the effect contemplated by the legislature. The intention of the legislature must be ascertained from the
whole text of the law and every part of the act is taken into view (Commissioner of Internal Reveneu v. TMX Sales).

d. PUNCTUATION. - It is an aid of low degree in interpreting the language of a statute and can never control
against the intelligible meaning of the written word. However, if the punctuation of the statute gives it a meaning
that is reasonable and in apparent accord with the legislative will, it may be used as an additional argument for
adopting the literal meaning of the words thus punctuated.

A semi-colon - indicate a separation in the relation of the thought, a degree greater than that expressed by a
comma; and what follows a semi-colon must have a relation to the same matter which precedes it.

The comma and the semi-colon are both used for the same purpose – to divide sentences and parts of sentences,
the only difference is that semi-colon makes the division a little more pronounced. They are not used to
introduce a new idea.

Punctuation marks are aids of low degree and can never control against the intelligible meaning of written word.

Capitalization of Letters

Like punctuation marks, capitalization is an aid of low degree in the construction of statute. Example: in a
statute which provides that “a will made within the Philippine Islands by a citizen or subject of another state or
country, which is executed in accordance with the law of the state or country of which he is a citizen or subject, and
which…”, in force at a time when the Philippines was still a territory of the US, the fact that the words “state and
country” are not capitalized does not mean that the United States is excluded from the phrase “another state or
country.”

e. HEADINGS AND MARGINAL NOTES. -

If the meaning of the statute is clear or if the text of the statute is clear, they will prevail as against the headings,
especially if the headings have been prepared by compilers and not by the legislature.

Headnotes, Headings or Epigraphs

~3~
 Are convenient index to the contents of its provisions. However, they are not entitled too much weight, and
inferences drawn therefrom are of little value and they can never control the plain terms of the enacting clause,
for they are not part of the law. Secondary aids, such as headnotes or epigraphs, may be consulted to remove, but
not to create nor to limit or control the plain language of the law.

f. LEGISLATIVE DEFINITION AND INTERPRETATION.

If the legislature has defined the words used in the statute and has declared the construction to be placed thereon,
such definition or construction should be followed by the courts. The rules are as follows:

1. If a law provides that in case of doubt it should be construed or interpreted in a certain manner, the courts
should follow such instruction;
2. In case of conflict between the interpretation clauses and the legislative meaning, as revealed by the statute
considered in its totality, the latter shall prevail;
3. A term is used throughout the statute in the same sense in which it is first defined;
4. Legislative definition of similar terms in other statute may be resorted to except where a particular law
expressly declares that its definition therein is limited in application to the statutes in which they appear.

2. EXTRINSIC AIDS - Facts or matters not found in the law

Extrinsic aids are any of the following: Contemporaneous circumstances, policy, legislative history of the statute,
contemporaneous or practical construction, executive construction, legislative construction, judicial construction, and
construction by the bar and legal commentators.
Extrinsic aids can be resorted to only after the intrinsic aids have been used and exhausted.
a. CONTEMPORANEOUS CIRCUMSTANCES
-these are the conditions existing at the time the law enacted such as the ff:
 History of the times and conditions existing at the time the law was enacted;
 Previous state of the law;
 The evils sought to be remedied or corrected by the law; and
 The customs usages of the people
b. POLICY
- general policy of the law or the settled policy of the State may enlighten the interpreter of the law as to the
intention of the legislature in enacting the same. Hence, if a new agrarian law is enacted today and few years from
now, there will arise the need to find out why such a law is enacted, the conditions, the prevailing sentiment of the
people, the policy of the State, and the executive order issued by the Office of the President preceding the legislative
enactment will throw light upon the intention of the legislature in enacting said law.
c. Legislative History of the Statute
- Such history may be found in reports of legislative committees, in the transcript of stenographic notes taken
during a hearing, legislative investigation, or legislative debates.
Are personal opinions of some legislator’s appropriate aids of construction?
As a general rule, they are not appropriate aids of construction. However, if there is unanimity among the supporters
and oppositors to a bill with respect to the objective sought to be accomplished, the debates may then be used as
evidence of the purpose of the act.
d. Contemporaneous and Practical Construction
- Those who lived at or near the time when the law was passed were more acquainted of the conditions and the
reasons why that law was enacted. Their understanding and application of the law, especially if the same has been
continued and acquiesced by the judicial tribunals and the legal profession, deserve to be considered by the courts.
e. Executive Construction
- The construction given by the executive department deserves great weight and should be respected if said
construction has been formed and observed for a long period of time. The rules to remember are as follow:

~4~
  Congress is deemed to have been aware of the contemporaneous and practical construction made by the officers
charged with the administration and enforcement of the law;
 The courts should respect that contemporaneous construction except if it is clearly erroneous;
 Executive construction has more weight if it is rendered by the Chief Legal adviser of the government who can issue
opinions to assist various departments of the government charged with the duty to administer the law;
 The opinion, however, of the Chief Legal adviser is subservient to the ruling of the judiciary, which is in charge of
applying and interpreting laws.

f. Legislative Construction
- Legislative construction is entitled to consideration and great weight but it cannot control as against the court's
prerogative to decide on what is the right or wrong interpretation.
g. Judicial Construction
- It is presumed that the legislature was acquainted with and had in mind the judicial construction of former statutes
on the subject. It is also presumed that the statute was enacted in the light of the judicial construction that the prior
enactment had received. With respect to a statute adopted from another state, it is presumed that it was adopted with
the construction placed upon it by the courts of that State.

Should this construction be followed?

It should be followed only if it is reasonable, in harmony with justice and public policy and consistent with the
local law.
h. Construction by the bar and legal Commentators
- is presumed that the meaning publicly given in a statute by the members of the legal profession is a true one and
regarded as one that should not be lightly changed. The opinion and commentaries of text writers and legal
commentators, whether they are Filipinos or foreigners, may also be consulted as, in fact, they are oftentimes cited
or made as references in court decisions.

3. PRESUMPTIONS - Based on logic or established provision of law

The established practice is to resort first to intrinsic aids before resolving to extrinsic aids and before indulging in
presumptions.
9.3 Statutory Construction vis-à-vis Judicial Legislation
How must legislative intent be ascertained?
Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and
phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be
considered in fixing the meaning of any of its parts and in order to produce harmonious whole. (Aisporna v. CA; China
Bank v. Ortega; PVA Board of Administrators v. Bautista)

1. Aisporna v. CA
Legislative intent of the Insurance Act: whether an insurance subagent or proxy covered in section 189 of Insurance Act.
Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not
be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of
any of its parts and in order to produce harmonious whole. In the present case, the first paragraph of Section 189 prohibits a person from
acting as agent, subagent or broker in the solicitation or procurement of applications for insurance without first procuring a certificate of
authority so to act from the Insurance Commissioner; while the second paragraph defines who is an insurance agent within the intent of
the section; while the third paragraph prescribes the penalty to be imposed for its violation.

When is it construction and when is it judicial legislation?

~5~
To declare what the law shall be is a legislative power, but to declare what the law is or has been, is judicial. However, the
courts “do and must legislate” to fill in the gaps in the law. The Court decided to go beyond merely ruling on the facts of the
existing law and jurisprudence. (Floresca v. Philex Mining; Republic v. CA and Molina)
1. Floresca v. Philex Mining, G.R. No. L-30642 April 30, 1985
Does the CFI (RTC) have jurisdiction over the complaint?
Pursuant to Article 9 of the Civil Code which provides that: “No judge or court shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the laws.” It argues that the application or interpretation placed by the Court upon a
law is part of the law as of the date of the enactment of the said law since the Court’s application or interpretation merely
establishes the contemporaneous legislative intent that the construed law purports to carry into effect. Yet, the Court argues
that the Court can legislate, pursuant to Article 9 of the New Civil Code. However, even the legislator himself recognizes
that in certain instances, the courts “do and must legislate” to fill in the gaps in the law; because the mind of the legislator,
like all human beings, is finite and therefore cannot envisage all possible cases to which the law may apply .

2. Republic v. CA and Molina, G.R. No. 108763, February 13, 1997

Guidelines presented by the court.
The Family Code of the Philippines provides an entirely new ground (in addition to those enumerated in the Civil Code) to
assail the validity of a marriage, namely, “psychological incapacity.” In addition to resolving the present case, the court finds
the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family Code. In the present
case, it appears to that there is a “difficulty,” if not outright “refusal” or “neglect” in the performance of some marital
obligations of the respondent spouse. Mere showing of “irreconcilable differences” and “conflicting personalities” in no wise
constitutes psychological incapacity. Hence, the Court decided to go beyond merely ruling on the facts of this case vis-a-vis
existing law and jurisprudence. For psychological incapacity to prosper, three characteristics should manifest: gravity,
juridical antecedence and incurability.

PART III- STATUTES, ORDINANCES and ADMINISTRATIVE REGULATIONS

1. What is Statute?

TYPES OF LAW

a. Constitution

Constitutional Law is defined as “that branch of public law of state which treats of the organization and frame of the
government, the organs and powers of sovereignty, the distribution of political and governmental authorities and
functions, the fundamental principles which are to regulate the relations of the government and subject, and which
prescribes generally the plan and method according to which the public affairs of the state are to be administered.”
It forms part of political law which defined as the “branch of law which deals with the organization and operation of
the governmental organs of the State and define the relation of the state with the inhabitants of its territory.”
 The Philippine Constitution is the Supreme law of the land, and the Supreme Court described it as “the basic and
paramount law to which all other laws must conform and to which all persons, including the highest officials of
the land, must defer.”

b. Statute

Statutes are enacted by the legislature. They are actually the bills submitted to Congress for consideration and
approval. Once approved finally by Congress and by the President of the Philippines these bills become statutes.
(The rules on the approval of bills are found in Article VI, Section 27 of the 1987 Constitution) Other laws, which
have the same binding force as statutes are the presidential decrees, issued during the period of martial law and
under the 1973 Constitution.
 Legislative power is the power to make, alter and repeal laws. Sec. 1 art. VI of the 1897 Constitution provides
that “legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a
House Representatives.” The Constitution also reserves in favor of the people the exercise of legislative powers
through initiative and referendum.

~6~
 c. Presidential Issuances

Executive power is vested in the President of the Philippines. Executive power includes the Presidents’
ordinance powers, which is inherent to the President’s power to ensure that laws are faithfully executed.
President Can Enact the ffg:
1. Executive Orders – acts of the President providing for rules of a general or permanent character in
the implementation or executive or constitutional or statutory powers.
2. Administrative Orders- these acts of the President which relate to a particular aspect of
governmental operations in pursuance lf his duties as administrative head.
3. Proclamations- these are acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon existence of which the operation of a specific law or regulation is
made to depend.
4. Memorandum Orders- these acts of the President on matters of administrative details or of
subordinate or temporary interest which only concern a particular officer or office of the
government.
5. Memorandum Circulars- these acts of the President on matters relating to internal administration,
which the Presidents desires to bring to the attention of all some of the departments, agencies,
bureaus or offices of the government, for information or compliance.
6. General or Special Orders- these are acts or commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines.
d. Implementing Rules and Regulations

Implementing rules and regulations are issued by executive agencies tasked with the implementation of
laws passed by congress. Such implementing rules and regulations are enacted by administrative agencies
in the exercise of their quasi-legislative or rule making powers, which is “the power to make rules and
regulations which results in delegated legislation that is within the confines of the granting statute and the
doctrine of non-delegability and separability of powers.

2. Parts of Statute

PARTS OF A STATUTE

1. Title

- The title is part of the law that provides the name by which it is individually known.
Artlicle VI, Section 26(1) of the 1987 Constitution provides that every bill passed by the Congress
embrace only one subject which shall express in the title thereof. The rule is to prevent with “hodge, podge
or log rolling legislation” and to prevent the practice of enacting laws under false and misleading titles.

2. Preamble

- is the Introductory part of the statute that usually states the reasons and intent of the law.
-the prefatory explanation or statement, often commencing with the word “whereas”, which purports to
state the reason or occasion for making a law or to explain in general terms the policy of the enactment.”

3 Enacting Clause

- It is that part of the statute which declares its enactment and identifies the government body that enacted
the statute or regulation.

4. Body

- the body part of the statute which contains the operative parts thereof, particularly its substantive and
procedural provisions,
May include the ffg:
~7~
 a. Short Title- to provide for a simple and easy designation of the statutory enactment.
b. Definition of Terms- shall control the definition of the words used. The definition
expressed in the statute shall control its interpretation regardless of whether the word has a
different meaning according to common usage.
c. Policy Section- sometimes used in lieu of the preamble. It usually enumerated the
objectives of the statute and then policy it seeks to uphold.
d. Substantive Provision- set forth “the rights, power, privileges, and immunities of persons
benefited or regulated by the statute.
e. Penal Clause- sets forth the sanctions that may be imposed against person for violation of
the statute.
f. Administrative Section- usually includes the manner which the statute will be
implemented, including the creation of administrative agencies and enumerating its powers
and responsibilities.

5. Headnotes and Epigraphs

- are short statements that generally describe the body of the provision to which they are attached to.
-cannot have the effect of limiting the words contained in the body because they are usually nothing more
than convenient index to the contents of the body of the provision.

6. Repealing Clause

-which identifies the prior statute or part thereof which are deemed repealed or abrogated by reason of the
enactment of the new statute.
-Express Repealing Clause specifically identifies the prior statute or the provision of a prior statute which
the new statute repeals.
-Implied Repeal- can be impliedly repeal the old statute if the provisions are inconsistent.
 Implied Repeal by Irreconcilable Contradiction- Where the provision of the two acts on the same
subject matter are irreconcilably contradictory, the latter act, to the extent of the conflict, constitutes an
implied repeal of the earlier statute.
 Implied Repeal by substitution- if the latter statute covers the whole subject matter of the earlier one
and id clearly intended to be a substitute.

7. Separability Clause

-or severability clause, which makes the statute’s part or provisions severable so that one part can be
invalidated without invalidating the whole.

8. Effectivity Clause

-which announces the date of its effectivity. Article 2 of the Civil Code provides that the laws shall take
effect after fifteen days following the completion of their publication on the Official Gazette or a
newspaper of general circulation, unless otherwise provided.
3. KINDS OF STATUTES
 General Law- is one that affects the community at large. A law that relates to a subject of general nature,
or that affects all people of the state or all or a particular class.
 Special Law- when it is different from others of the same general kind or designed for a particular
purpose, or limited in range or confined to a prescribed field of action on operation.
 Local Law- which relates or operates over a particular locality instead of over the whole territory of the
state.
 Public Law- Public law is the part of law that governs relations between legal persons and a government,
between different institutions within a state, between different branches of governments, as well as
relationships between persons that are of direct concern to society.

~8~
  Private Law- defines, regulates, enforces and administers relationships among individuals, associations
and corporations.
 Remedial Statute- A Statute providing means or method whereby causes of action may be effectuated,
wrongs redressed and relief obtained.
 Curative Statute- one which corrects errors and irregularities in past acts, transactions or legal
proceedings and renders them valid and effective for the purpose intended.
 Penal Statute- defines criminal offenses and specify corresponding fines and punishment
 Prospective Law- applicable only to cases which shall arise after its enactment.
 Retrospective Law- which look backwards or contemplates the past; one which made to affect acts or
facts occurring, or rights occurring before it came into force.
 Affirmative Statute- couched in affirmative or mandatory terms. One which directs an act or declares
what shall be done in contrast to a negative statute which prohibits or forbids something.
 Mandatory Statutes- laws that are imperative and impose a duty upon those covered by the law.
Generally, these laws contain the words “shall” or “must.”
4. CONSTITUTIONAL LIMITATIONS OF STATUTES
 Ex post facto law, generally, prohibits retrospectivity of penal laws. Penal laws are those acts of the
Legislature which prohibit certain acts and establish penalties for their violations; or those that define
crimes, treat of their nature, and provide for their punishment.
 A bill of attainder is a legislative act which declares individuals’ guilt of a crime and inflicts punishment
on individuals often without a trial.
 Sec. 1 Art. III 1987 - No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.
 One Title One Subject Rule
5. LEGISLATIVE AND OTHER POWERS OF CONGRESS
 Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in
the country and, at times, amend or change the constitution itself. In order to craft laws, the legislative
body comes out with two main documents: bills and resolutions.
 According to Section 1 of Article VI of the 1987 Philippine Constitution: “The legislative power shall be
vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and referendum.”
 Congress consists of Senate and a House of Representatives.

The 1987 Philippine Constitution provides many instances when Congress can invoke this power:
 Congress has the power to remove from office impeachable government officials, including the President,
Vice President, members of the Supreme Court, members of constitutional commissions, and the
Ombudsman. The House of Representatives can tackle impeachment complaints and submit the resolution
setting the Articles of Impeachment. The Senate, meanwhile, decides on cases of impeachment in a full-
blown trial.
 Congress has the “sole power to declare the existence of a state of war,” according to Section 23 Article VI
of the Constitution. A vote of two-thirds of both Houses, voting separately, is needed.
 Congress can revoke the President’s proclamation of martial law by a vote of at least a majority of all
members of the Senate and the House. If requested, Congress can also extend the period of martial law
beyond the mandated 60 days.
 Congress may authorize the President to exercise powers to carry out a declared national policy “for a
limited period and subject to restrictions” in times of war or other national emergency,
 Congressional committees can conduct hearings “in aid of legislation” on various issues that affect the
nation and release a report based on findings. For example, the Senate committee in August 2018
conducted a hearing on the TRAIN law’s impact on inflation amid rising prices of commodities.
 Congress is also involved in the national budget process. It can decide whether or not to add or reduce a
government agency’s budget, effectively overseeing budget appropriations and being on guard against
suspected corruption.

~9~
  Congress, through the Commission on Appointments, can approve or reject some key appointments made
by the president to government agencies.
 Congress needs to concur with any amnesty granted by the president, according to Section 19, Article VII
of the Constitution. A vote of majority of all members is needed.
 Congress is heavily involved in starting charter change. It can either convene into a Constituent Assembly
(through a vote of three-fourths of all members) and propose both amendments and revisions, or call for an
election of members of a Constitutional Convention (vote of two-thirds of its members).

6. LEGISLATIVE PROCESS
 HOW a Bill Becomes Law

1. PREPARATION OF THE BILL

The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the
bill upon the Member's request.

2. FIRST READING

1. The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
2. Three days after its filing, the same is included in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads the title and number of the bill. The Speaker refers the
bill to the appropriate Committee/s.

3. COMMITTEE CONSIDERATION/ACTION

1. The Committee where the bill was referred to evaluates it to determine the necessity of conducting
public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues
public notices and invites resource persons from the public and private sectors, the academe and
experts on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or Committee discussions, the Committee may introduce
amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares
the corresponding committee report.
3. The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs
Bureau.

4. SECOND READING

1. The Committee Report is registered and numbered by the Bills and Index Service. It is included in the
Order of Business and referred to the Committee on Rules.

2. The Committee on Rules schedules the bill for consideration on Second Reading.

3. On Second Reading, the Secretary General reads the number, title and text of the bill and the following
takes place:
a. Period of Sponsorship and Debate
b. Period of Amendments
c. Voting which may be by:

 viva voce
 count by tellers
 division of the House; or

~ 10 ~
  nominal voting

5. THIRD READING

1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are
distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his
vote. No amendment on the bill is allowed at this stage.
a. The bill is approved by an affirmative vote of a majority of the Members present.
b. If the bill is disapproved, the same is transmitted to the Archives.

6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE

The approved bill is transmitted to the Senate for its concurrence.

7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

The bill undergoes the same legislative process in the Senate.

8. CONFERENCE COMMITTEE

1. A Conference Committee is constituted and is composed of Members from each House of Congress to
settle, reconcile or thresh out differences or disagreements on any provision of the bill.
2. The conferees are not limited to reconciling the differences in the bill but may introduce new
provisions germane to the subject matter or may report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both Houses. No
amendment is allowed.

9. TRANSMITTAL OF THE BILL TO THE PRESIDENT

Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and
certified by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the
President.

10. PRESIDENTIAL ACTION ON THE BILL

1. If the bill is approved the President, the same is assigned an RA number and transmitted to the House
where it originated.
2. If the bill is vetoed, the same, together with a message citing the reason for the veto, is transmitted to
the House where the bill originated.

11. ACTION ON APPROVED BIL

The bill is reproduced and copies are sent to the Official Gasette Office for publication and distribution to
the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.

12. ACTION ON VETOED BILL

The message is included in the Order of Business. If the Congress decides to override the veto, the House
and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its
~ 11 ~
 vetoed items is passed by a vote of two-thirds of the Members of each House, such bill or items shall become a
law.

NOTE: A joint resolution having the force and effect of a law goes through the same process.

7. ENROLLED BILL THEORY

-is a principle of judicial interpretation of rules of procedure in legislative bodies. Under the doctrine, once
a bill passes a legislative body and is signed into law, the courts assume that all rules of procedure in the
enactment process were properly followed.
-under the doctrine the signing of a bill by the Speaker of the House and the Senate President and the
certification of the Secretaries of both House of Congress that it was passed are conclusive of its due
enactment.
8. JOURNAL ENTRY RULE
The journal of the proceedings of each House of Congress is no ordinary record. The
Constitution requires it.

Sec. 10 (4). "Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may in its judgment require secrecy; and the yeas and nays on any question shall, at
the request of one-fifth of the Members present, be entered in the Journal."

Sec. 21 (2). "No bill shall be passed by either House unless it shall have been printed and copies thereof in
its final form furnished its Members at least three calendar days prior to its passage, except when the
President shall have certified to the necessity of its immediate enactment. Upon the last reading of a bill no
amendment thereof shall be allowed, and the question upon its passage shall be taken immediately
thereafter, and the yeas and nays entered on the Journal."

9. VOID-FOR-VAGUENESS DOCTRINE

The doctrine of void for vagueness is a ground for invalidating a statute or a governmental regulation for
being vague. The doctrine requires that a statute be sufficiently explicit as to inform those who are subject
to it what conduct on their part will render them liable to its penalties.

-holds that a law is facially invalid if men of common intelligence must necessarily guess at its meaning
and differ as to its application.

- The Supreme Court held that the doctrine can only be invoked against that species of legislation that is
utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction.

- The void-for-vagueness doctrine cannot be used to impugn the validity of a criminal statute using “facial
challenge” but it may be used to invalidate a criminal statute “as applied” to a particular defendant.

10. WHEN DOES A STATUE BECOMES EFFECTIVE

ARTICLE 2, Civil Code. Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless
it is otherwise provided.

SECTION 18. Chapter V, EO 292

When Laws Take Effect. 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.

~ 12 ~
11. WHEN DOES A REGULATION BECOMES EFFECTIVE? SECTIONS 2-9, BOOK VII of EO 292

SECTION 2. Definitions.—As used in this Book:

(1) “Agency” includes any department, bureau, office, commission, authority or officer of the National
Government authorized by law or executive order to make rules, issue licenses, grant rights or
privileges, and adjudicate cases; research institutions with respect to licensing functions; government
corporations with respect to functions regulating private right, privileges, occupation or business; and
officials in the exercise of disciplinary power as provided by law.

(2) “Rule” means any agency statement of general applicability that implements or interprets a law, fixes
and describes the procedures in, or practice requirements of, an agency, including its regulations. The
term includes memoranda or statements concerning the internal administration or management of an
agency not affecting the rights of, or procedure available to, the public.

(3) “Rate” means any charge to the public for a service open to all and upon the same terms, including
individual or joint rates, tolls, classifications, or schedules thereof, as well as commutation, mileage,
kilometerage and other special rates which shall be imposed by law or regulation to be observed and
followed by any person.

(4) “Rule making” means an agency process for the formulation, amendment, or repeal of a rule.

(5) “Contested case” means any proceeding, including licensing, in which the legal rights, duties or
privileges asserted by specific parties as required by the Constitution or by law are to be determined
after hearing.

(6) “Person” includes an individual, partnership, corporation, association, public or private organization of
any character other than an agency.

(7) “Party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of
right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to
prevent an agency from admitting any person or agency as a party for limited purposes.

(8) “Decision” means the whole or any part of the final disposition, not of an interlocutory character,
whether affirmative, negative, or injunctive in form, of an agency in any matter, including licensing,
rate fixing and granting of rights and privileges.

(9) “Adjudication” means an agency process for the formulation of a final order.

(10) “License” includes the whole or any part of any agency permit, certificate, passport, clearance,
approval, registration, charter, membership, statutory exemption or other form of permission, or
regulation of the exercise of a right or privilege.
(11) “Licensing” includes agency process involving the grant, renewal, denial, revocation, suspension,
annulment, withdrawal, limitation, amendment, modification or conditioning of a license.

(12) “Sanction” includes the whole or part of a prohibition, limitation or other condition affecting the
liberty of any person; the withholding of relief; the imposition of penalty or fine; the destruction, taking,
seizure or withholding of property; the assessment of damages, reimbursement, restitution,
compensation, cost, charges or fees; the revocation or suspension of license; or the taking of other
compulsory or restrictive action.

(13) “Relief” includes the whole or part of any grant of money, assistance, license, authority, privilege,
exemption, exception, or remedy; recognition of any claim, right, immunity, privilege, exemption or
exception; or taking of any action upon the application or petition of any person.

~ 13 ~
 (14) “Agency proceeding” means any agency process with respect to rule-making, adjudication and
licensing.

(15) “Agency action” includes the whole or part of every agency rule, order, license, sanction, relief or
its equivalent or denial thereof.

SECTION 3. 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.

(2) The records officer of the agency, or his equivalent functionary, shall carry out the requirements of this section
under pain of disciplinary action. (3) A permanent register of all rules shall be kept by the issuing agency and shall
be open to public inspection.

SECTION 4. Effectivity.—In addition to other rule-making requirements provided by law not inconsistent with
this Book, each rule shall become effective fifteen (15) days from the date of filing as above 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, the existence of which must be expressed in a statement accompanying the rule. The agency shall take
appropriate measures to make emergency rules known to persons who may be affected by them.

SECTION 5. Publication and Recording.—The University of the Philippines Law Center shall:

(1) Publish a quarterly bulletin setting forth the text of rules filed with it during the preceding quarter;
and

(2) Keep an up-to-date codification of all rules thus published and remaining in effect, together with a
complete index and appropriate tables.

SECTION 6. Omission of Some Rules.—

(1) The University of the Philippines Law Center may omit from the bulletin or the codification any rule if
its publication would be unduly cumbersome, expensive or otherwise inexpedient, but copies of that rule
shall be made available on application to the agency which adopted it, and the bulletin shall contain a
notice stating the general subject matter of the omitted rule and new copies thereof may be obtained.

(2) Every rule establishing an offense or defining an act which, pursuant to law is punishable as a crime or
subject to a penalty shall in all cases be published in full text.

SECTION 7. Distribution of Bulletin and Codified Rules.—The University of the Philippines Law Center shall
furnish one (1) free copy each of every issue of the bulletin and of the codified rules or supplements to the Office
of the President, Congress, all appellate courts and the National Library. The bulletin and the codified rules shall
be made available free of charge to such public officers or agencies as the Congress may select, and to other
persons at a price sufficient to cover publication and mailing or distribution costs.

SECTION 8. Judicial Notice.—The court shall take judicial notice of the certified copy of each rule duly filed or
as published in the bulletin or the codified rules.

SECTION 9. Public Participation.—

(1) If not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of
proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of
any rule.
(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been
published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon.
(3) In case of opposition, the rules on contested cases shall be observed.

~ 14 ~
12. WHEN DOES ORDINANCE TAKE EFFECT (Sections 54- 59, RA 7160)

A) Ordinance– An act passed by the local legislative body in the exercise of its law-making authority.
1. Under the Local Government Code of 1991, the legislative bodies of the local government,
which have the authority to approve ordinances and pass resolutions,are:
a) Sangguniang Barangay (Sec. 390)
b) Sangguniang Bayan (Municipality)(Sec. 446)
c)Sangguniang Panlungsod (City) (Sec. 457)
d)Sangguniang Panlalawigan (Province) (Sec. 467)

B) TEST OF VALID ORDINANCE

1. Must NOT contravene the Constitutionor any statute;

2. Must NOT be unfair or oppressive;
3. Must NOT be partial or discriminatory;
4. Must NOT prohibit but may regulate trade;
5. Must be general and consistent with public policy; and
6. Must NOT be unreasonable.

C) REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A STATUTE

1. Municipal governments are ONLY AGENTS of the national government. Local councils
exercise only delegated legislative powers conferred on them by Congress as the national
lawmaking body.
2. Municipal corporations owe their origin to, and derive their power and rights wholly from the
legislature.
3. By and large, however, the national legislature is still the principal of the local government units,
which cannot defy its will or modify or violate it. (Magtajas vs. Pryce Properties Corporation, Inc.,
infra.) The delegate cannot be superior to the principal.

SECTION 54. Approval of Ordinances. –

(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang
bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be. If the
local chief executive concerned approves the same, he shall affix his signature on each and every page
thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective
for all legal intents and purposes.

(b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen
(15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the
ordinance shall be deemed approved as if he had signed it.

(c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members,
be signed by the punong barangay.

SECTION 55. Veto Power of the Local Chief Executive. –

(a) The local chief executive may veto any ordinance of the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare,
stating his reasons therefor in writing.

(b) The local chief executive, except the punong barangay, shall have the power to veto any particular item or
items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and
public investment program, or an ordinance directing the payment of money or creating liability. In such a
~ 15 ~
 case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall
not take effect unless the sanggunian overrides the veto in the manner herein provided; otherwise, the
item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any,
shall be deemed reenacted.

(c) The local chief executive may veto an ordinance or resolution only once. The sanggunian may override
the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance effective even without the approval of the local chief executive concerned.

SECTION 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang
Panlalawigan. –

(a) Within three (3) days after approval, the secretary to the sangguniang panlungsod or sangguniang bayan
shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public investment programs formulated by the
local development councils.

(b) Within thirty (30) days after the receipt of copies of such ordinances and resolutions, the sangguniang
panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none,
to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor
shall, within a period of ten (10) days from receipt of the documents, inform the sangguniang
panlalawigan in writing of his comments or recommendations, which may be considered by the
sangguniang panlalawigan in making its decision.

(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred
upon the sangguniang panlungsod or sangguniang bayan concerned, it shall declare such ordinance or
resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes
and shall advise the corresponding city or municipal authorities of the action it has taken.

(d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of
such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. –
(a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for
review as to whether the ordinance is consistent with law and city or municipal ordinances.

(b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take action
on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed
approved.

(c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the barangay
ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned
shall, within thirty (30) days from receipt thereof, return the same with its comments and
recommendations to the sangguniang barangay concerned for adjustment, amendment, or
modification; in which case, the effectivity of the barangay ordinance is suspended until such
time as the revision called for is effected.

SECTION 58. Enforcement of Disapproved Ordinances or Resolutions. –

Any attempt to enforce any ordinance or any resolution approving the local development plan and public
investment program, after the disapproval thereof, shall be sufficient ground for the suspension or
dismissal of the official or employee concerned.

SECTION 59. Effectivity of Ordinances or Resolutions. –

(a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and
public investment program, the same shall take effect after ten (10) days from the date a copy thereof is
~ 16 ~
 posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as
the case may be, and in at least two (2) other conspicuous places in the local government unit concerned.

13. EQUITY OF THE STATUTE RULE (ART. 9 & 10, Civil Code)

Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws. (6)

Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail. (n)

14. CONSTITUTIONAL TEST IN THE PASSAGE OF BILL

3 Constitutional Requirements:

1. Every bill is passed by Congress shall embrace only one subject which shall be expressed in the title
thereof. (Art. VI, Sec. 26(1), 1987 Constitution)

The Purpose of this constitutional requirements are:

a. To prevent hodge-podge or log-rolling legislation;

b. To prevent surprise or fraud upon the legislature;
c. To fairly apprise the people, through such publications of legislative proceedings as is usually made, of
the subjects of legislation that are being considered, in order that they may have opportunity of being
heard thereon by petition or otherwise, if they shall so desire.

2. No bill passed by either House shall become a law unless it has passed three readings on separate days,
and printed copies thereof in its final form have been distributed to each member three days before its
passage, except when the President certifies to the necessity of its immediate enactment to meet public
calamity or emergency. (Art. VI, Sec 6(2), 1987 Constitution)

3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President. The
executive approval and veto power of the President is the third important constitutional requirement in the
mechanical passage of a bill.

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 be likewise
reconsidered, and if approved by 2/3 of all the members of that House, it shall become a law.

15. REPEALS OF STATUTE

Repeal of Laws

Art. 7, New Civil Code. Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse, or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the constitution, the former shall be void and the latter shall
govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to
laws or the constitution.

A. How laws are repealed:

~ 17 ~
 1. Express Repeal- by direct act of congress
- Is the abrogation or annulling of a previously existing law by enactment of a subsequent
statute which declares that the former law shall be revoked and abrogated.
2. Implied Repeal- occurring inconsistencies on all points between a prior and a subsequent law.
- When the later statute contains provision so contrary to or irreconcilable with those of the
earlier law that only one of the two statutes can stand in force.

B. It is a rule of legal hermeneutics that “an act which purports to set out in full all that it intends to contain,
operates as a repeal of anything omitted which was contained in the old act and not included in the mandatory
act.”

C) The repeal of a penal law deprives the court of jurisdiction to punish persons charged with a violation of the old
penal law prior to its repeal (People vs. Tamayo, 61 Phil. 225 [1935]).

D) Only a law can repeal a law. Art. 7 of the Civil Code of the Philippines provides: “Laws are repealed only by
subsequent ones and their violation of non-observance shall not be excused by disuse, or custom, or practice to the
contrary.”

E) The intention to repeal must be clear and manifest, otherwise, at least, as a general rule, the later act is to be
construed as a continuation of, and not a substitute for, the first act.

1. The question of whether a particular law has been repealed or not by a subsequent law is a matter of
legislative intent.

F) Two (2) categories of repeal by implication:

1. Where provision in the two acts on the same subject matter are in an irreconcilable conflict;

2. If the later act covers the whole subject of the earlier one and is clearly intended as a substitute –to be a
complete and perfect system in itself.

PART IV Basic Principles Used in Statutory Construction

1. Casus omissus pro omisso habendus est.

- A case omitted is to be held as intentionally omitted.

- It is a rule of statutory construction. If a person, object, or thing is omitted from being enumerated in a
statute, it must be held or considered to have been omitted intentionally.

Definition
- A person, object, or thing omitted from an enumeration in a statute must be held to have been omitted
intentionally.

CASUS OMISSUS
When a statute makes specific provisions in regard to several enumerated cases or objects, but omits to
make any provision for a case or object which is analogous to those enumerated, or which stands upon the
same reason, and is therefore within the general scope of the statute, and it appears that such case or object
was omitted by inadvertence or because it was overlooked or unforeseen, it is called a “casus omissus”.

Such omissions or defects cannot be supplied by the courts. The rule of “casus omissus pro omisso
habendus est” can operate and apply only if and when the omission has been clearly established.

2. Constitutional Avoidance

~ 18 ~
 - Doctrine of constitutional avoidance. The doctrine in Constitutional law prescribing that the court
should refuse to rule on a Constitutional issue if the case can be resolved on another ground.

3. Expressium facit cessare tacitum

- What is expressed puts an end to what is implied.

- Expressum facit cessare tacitum is a legal maxim that means “what is expressed makes what is implied
silent.” This form of construction is used while interpreting statutes, contracts and deeds. When a
matter is clearly provided in a document, the clear and precise meaning is to be adopted. The implied
meaning need not be adopted when a clear meaning is provided.

4. Last Antecedent Rule

A doctrine of interpretation (construction) of statutes that any qualifying words or phrases refer to the
language immediately preceding the qualifier, unless common sense shows that it was meant to apply to
something more distant or less obvious.

For example, when interpreting the phrase “letters or emails drafted by a clerk,” a court would read the
qualifying modifier “drafted by a clerk” as referring to “emails” but not “letters.”

5. Legislative intent must be ascertained from a consideration of the statute as a whole

How must legislative intent be ascertained?

Legislative Intent.

The object of all interpretation and construction of statutes is to ascertain the meaning and intention of the
legislature, to the end that the same may be enforced.

Legislative intent is determined principally from the language of the statute.

VERBA LEGIS

If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible
meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to
convey.

STATUTES AS A WHOLE

A cardinal rule in statutory construction is that legislative intent must be ascertained from a consideration
of the statute as a whole and not merely of a particular provision. A word or phrase might easily convey a
meaning which is different from the one actually intended. A statute should be construed as a whole
because it is not to be presumed that the legislature has used any useless words, and because it is dangerous
practice to base the construction upon only a part of it, since one portion may be qualified by other
portions.

Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words,
clauses and phrases should not be studied as detached and isolated expressions, but the whole and every
part of the statute must be considered in fixing the meaning of any of its parts and in order to produce
harmonious whole. (Aisporna v. CA; China Bank v. Ortega; PVA Board of Administrators v. Bautista)

6. Mens Legislatoris or Mischief Rule

- it is a principle of statutory construction that what is within the spirit of the law is as much a part of it
as what is written.
~ 19 ~
 - This rule attempts to determine the legislator’s intention. Originating from a 16th-century case in the
United Kingdom, its main aim is to determine the “mischief and defect” that the statute in question has
set out to remedy, and what ruling would effectively implement this remedy.

7. Pari Materia Rule

- In pari materia. Lat. Upon the same matter or subject. Statutes in pari materia are to be construed
together.
- A RULE OF STATUTORY CONSTRUCTION WHICH COMMANDS THAT STATUTES MUST
BE HARMONIZED WITH EACH OTHER

8. Plain Meaning Rule

- Verba legis non est recedendum, Lat. From the words of a statute there should be no departure.
- It is well-settled that where the language of the law is clear and unequivocal, it must be given its literal
application and applied without interpretation. It is also known as the “plain meaning rule “.
- The general rule of requiring adherence to the letter in construing statutes applies with particular
strictness to tax laws and provisions of a taxing act are not to be extended by implication.
- It means that statutes are to be interpreted using the ordinary meaning of the language of the statute
unless a statute explicitly defines some of its terms otherwise. In other words, the law must be read,
word for word, and it should not divert from its true meaning.

9. Ratio Legis or Golden Rule

- Ratio Legis : Spirit of the law/Legislative Intent as the Primary Object

- It is a compromise between the plain meaning (or literal) rule and the mischief rule. Like the plain
meaning rule, it gives the words of a statute their plain, ordinary meaning. However, when this may
lead to an irrational result that is unlikely to be the legislature’s intention, the judge can depart from
this meaning. In the case of homographs, where a word can have more than one meaning, the judge can
choose the preferred meaning. If the word only has one meaning, and applying this meaning would
lead to a bad decision, the judge can apply a completely different meaning.

a. Rule Against Surplasage

A statute should not be interpreted in a way that renders a word superfluous. Thus, any construction of
a statute that does not give meaning to every word implicates the rule against Surplusage

There is a presumption that the legislature put every word in the statute for a reason. First, every word
must be given meaning. Second, different words in the same statute, particularly those in a list, cannot
mean precisely the same thing.

However, the exceptions are that courts may reject words as Surplusage if the words are completely
meaningless or inconsistent with the legislature’s intention as plainly expressed in the statute.

b. Rule of Lenity

A judicial doctrine requiring that those ambiguities in a criminal statute relating to prohibition and
penalties be resolved in favor of the defendant if it is not contrary to legislative intent. It embodies a
presupposition of law to resolve doubts in the enforcement of a penal code against the imposition of a
harsher punishment. The courts while construing an ambiguous criminal statute that sets out multiple
or inconsistent punishments should resolve the ambiguity in favor of the more lenient punishment.

10. Spirit of the Law vs. Letter of the Law

- SPIRIT AND PURPOSE OF THE LAW

~ 20 ~
 When the interpretation of a statute according to the exact and literal import of its words would lead to
absurd or mischievous consequences, or would thwart or contravene the manifest purpose of the legislature
in its enactment, it should be construed according to its spirit and reason, disregarding or modifying, so far
as may be necessary, the strict letter of the law.
• When the reason of the law ceases, the law itself ceases.
• Doctrine of necessary implications. What is implied in a statute is as much a part thereof as that
which is expressed.

- “The spirit, rather than the letter of a statute determines its construction, hence, a statute must be read
according to its spirit or intent. For what is within the spirit is within the letter but although it is not
within the letter thereof, and that which is within the letter but not within the spirit is not within the
statute. Stated differently, a thing which is within the intent of the lawmaker is as much within the
statute as if within the letter; and a thing which is within the letter of the statute is not within the statute
unless within the intent of the lawmakers.” [Alonzo v. IAC, G.R. No. 72873, May 28, 1987].

11. Stare Decis

- It is the doctrine that, when court has once laid down a principle, and apply it to all future cases, where
facts are substantially the same, regardless of whether the parties and properties are the same.
- Follow past precedents and do not disturb what has been settled. Matters already decided on the merits
cannot be relitigated again and again.
- “Stare decisis et non quieta movere” (follow past precedents and do not disturb what has been settled.

12. Verba Legis

- If the language of the statute is plain and free from ambiguity, and express a single, definite, and
sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature
intended to convey.

PART V Latin Maxims Applied to Statutory Construction

1. Absolute Sentencia Expositore Non Indiget (An absolute sentence needs no explanation)

- When the language of the law is clear, no explanation of it is required.

2. Casus Omissus Rule

- It is a rule of statutory construction. If a person, object, or thing is omitted from being enumerated in a
statute, it must be held or considered to have been omitted intentionally.
- A person, object, or thing omitted from an enumeration in a statute must be held to have been omitted
intentionally.

3. Cessante ratione legis, cessat ipsa lex (The reason for a law ceasing, the law itself ceases)

4. Dura lex sed lex

- The law may be harsh but it is still the law.

- It is the sworn duty of the judge to apply the law without fear or favor. It is not for the courts to decide
that the law is unwise.

5. Ejusdem generis (Of the same kind)

- The doctrine under which where general terms follow the designation of particular things or classes of
persons or subjects, the general term will be construed to comprehend those things or persons of the
same class or of the same nature as those specifically enumerated.

~ 21 ~
 - When a list of two or more specific descriptors is followed by more general descriptors, the otherwise
wide meaning of the general descriptors must be restricted to the same class, if any, of the specific
words that precede them e.g. vehicles in “cars, motorbikes, motor powered vehicles” would be
interpreted in a limited sense and therefore cannot be interpreted as including airplanes.

6. Expressio unius est exclusio alterius (The expression of one thing is the exclusion of another)

- it is an elementary rule of statutory construction that the express mention of one person, thing, act, or
consequence excludes all others. This rule is expressed in the familiar maxim expressio unius
estexclusio alterius. Where a statute, by its terms, is expressly limited to certain matters, it may not, by
interpretation or construction, be extended to others. The rule proceeds from the premise that the
legislature would not have made specified enumerations in a statute had the intention been not to
restrict its meaning and to confine its terms to those expressly mentioned.
- This is a common law principle for construing legislation which holds that a syntactical presumption
may be made that an express reference to one matter excludes other matters.

7. Generalia specialibus non derogant (General things do not derogate from special things)

- This is a common law principle for construing legislation which holds that a syntactical presumption
may be made that where there is a conflict between a general and a specific provision, the specific
provision will prevail.

8. Leges posteriores priores contrarias abrogant (Subsequent laws repeal those before enacted to the
contrary)

- “Later laws abrogate earlier, contrary ones.”

- A maxim meaning that, where two laws or legal instruments conflict, the one adopted later in time,
rather than the one adopted earlier, is considered binding on the relevant parties.

9. Lex de futuro, judex de praeterito (The law provides for the future, the judge for the past)

- A legal maxim that means “the law looks forward, not backward.”
- laws are presumed to be prospective unless the intent of the legislature to give them a retroactive effect
is expressly declared or is necessarily implied from the language used. In case of doubt, it shall be
resolved against retroactivity, which is articulated in Article 4 of the Civil Code: “Laws shall have no
retroactive effect, unless the contrary is provided.”

10. Lex Prospicit, Non Respicit (The law looks forward, not backward)

- “The law looks forward, not backward.”A maxim meaning that laws are generally deemed or presumed
not to have retroactive effect.

11. Noscitur a sociis (Known from its associates)

- Latin for 'it is known by its associates', noscitur a sociis is a rule of interpretation of contracts, statutes
and estate documents stipulating that the meaning of an unclear word can be gathered from the context
in which it is used.

12. Optima statuti interpretatrix est ipsum statutum (The best interpreter of a statute is the statute
itself)

13. Ratio legis est anima (The reason of the law is the soul of the law.)

- Ratio legis est anima, which means the reason of the law is its soul. The reason of a law may cease in a
given situation. This may happen when the purpose of the law sought to be achieved is accomplished,
or the mischief sought to be repressed is prevented, by an act or event independent of the statute itself.
~ 22 ~
14. Reddendo singula singulis (Referring each to each)

- When a list of words has a modifying phrase at the end, the phrase refers only to the last word, e.g.,
firemen, policemen, and doctors in a hospital. Here,” in a hospital” only applies to doctors and not to
firemen or policemen.
- "referring each for each" and, as a rule of statutory construction, means that "words in different parts of
statute must be referred to their appropriate connection, giving to each in its place, its proper force and
effect, and, if possible, rendering none of them useless or superfluous, even if strict grammatical
construction demands otherwise."

15. Ubi lex non distinguit nec nos distinguire debemus (When the law does not distinguish, we must not
distinguish.)

- One of the rules of logical interpretation is expressed by the principle "ubi lex non distinguit, nec nos
distinguere debemus", ie "where the law does not distinguish, nor the interpreter must distinguish" or,
in other words, the generality of the formulation of a legal text leads to generality of its application,
without being able to make distinctions to which that text does not refer.

~ 23 ~