CHAPTER ONE: Statutes  Delegated power

 Issue rules and regulations to implement a specific

IN GENERAL law

Laws, generally Congress legislative power

 A whole body or system of law  The determination of the legislative policy and its
 Rule of conduct formulated and made obligatory by formulation and promulgation as a defined and binding rule
legitimate power of the state of conduct.
 Includes RA, PD, EO (president in the ex of legislative  Legislative power - plenary except only to such limitations
power), Presidential issuances (ordinance power) as are found in the constitution
Jurisprudence, ordinances passed by sanggunians of local
government units. Procedural requirements, generally
 Provided in the constitution (for Bills, RA)
Statutes, generally  Provided by congress – enactment of laws
 An act of legislature (Philippine Commission, Phil.  Rules of both houses of congress (provided also by the
Legislature, Batasang Pambansa, Congress) Constitution)
 PD’s of Marcos during the period of martial law 1973
Constitution Passage of bill
 EO of Aquino revolutionary period Freedom Constitution  Proposed legislative measure introduced by a member of
congress for enactment into law
 Public – affects the public at large  Shall embrace only one subject which shall be expressed in
 general – applies to the whole state and operates the title
throughout the state alike upon all people or all of  Singed by authors
a class.  File with the Secretary of the House
 Special – relates to particular person or things of a  Bills may originate from either lower or upper House
class or to a particular community, individual or  Exclusive to lower house
thing.  Appropriation
 Local Law – operation is confined to a specific  Revenue/ tariff bills
place or locality (e.g municipal ordinance)
 Bills authorizing increase of public debt
 Private – applies only to a specific person or subject.
 Bills of local application
Permanent and temporary statutes  Private bills
 After 3 readings, approval of either house (see Art 6 Sec 26
 Permanent - one whose operation is not limited in duration
(1))
but continues until repealed.
 Temporary - duration is for a limited period of time fixed in  Secretary reports the bill for first reading
the statute itself or whose life ceases upon the happening of  First reading – reading the number and title, referral to the
an event. appropriate committee for study and recommendation
o E.g. statute answering to an emergency  Committee – hold public hearings and submits
report and recommendation for calendar for second
reading
Other classes of statutes
 Second reading – bill is read in full (with amendments
 Prospective or retroactive – accdg. to application
proposed by the committee) – unless copies are distributed
 Declaratory, curative, mandatory, directory, substantive,
and such reading is dispensed with
remedial, penal – accdg. to operation
o Bill will be subject to debates, motions and
 According to form
o Affirmative amendments
o Bill will be voted on
o Negative
o A bill approved shall be included in the calendar of
Manner of referring to statutes bills for 3rd reading
 Public Acts – Phil Commission and Phil Legislature 1901-  Third reading – bill approved on 2nd reading will be
1935 submitted for final vote by yeas and nays,
 Commonwealth Acts – 1936- 1946  Bill approved on the 3 rd reading will be transmitted to the
 Republic Acts – Congress 1946- 1972, 1987 ~ “Other House” for concurrence (same process as the first
 Batas Pambansa – Batasang Pambansa passage)
 Identification of laws – serial number and/or title o If the “Other House” approves without amendment
it is passed to the President
o If the “Other House” introduces amendments, and
disagreement arises, differences will be settled by
the Conference Committees of both houses
ENACTMENT OF STATUTES o Report and recommendation of the 2 Conference
Committees will have to be approved by both
Legislative power, generally
houses in order to be considered pass
 Power to make, alter and repeal laws
 President
 Vested in congress – 1987 Constitution
o Approves and signs
 President – 1973 & Freedom (PD and EO respectively)
o Vetoes (within 30 days after receipt)
 Sangguniang barangay, bayan, panglungsod, panlalawigan –
only within respective jurisdiction – ordinances o Inaction
 Administrative or executive officer
  If the President vetoes – send back to the House where it  Enrolled bill and legislative journals - Conclusive upon the
originated with recommendation courts
o 2/3 of all members approves, it will be sent to the  If there is discrepancy between enrolled bill and journal,
other house for approval enrolled bill prevails.
o 2/3 of the other house approves – it shall become a
law Withdrawal of authentication, effect of
o If president did not act on the bill with in 30 days  Speaker and Senate President may withdraw if there is
after receipt, bill becomes a law discrepancy between the text of the bill as deliberated and
 Summary : 3 ways of how a bill becomes a law. the enrolled bill.
 President signs  Effect:
o Nullifies the bill as enrolled
 inaction of president with in 30 days after receipt
 vetoed bill is repassed by congress by 2/3 votes of all its o Losses absolute verity
members, each house voting separately. o Courts may consult journals

Appropriations and revenue bills

 Same as procedure for the enactment of ordinary bills PARTS OF STATUTES
 Only difference is that they can only originate from the
Lower House but the Senate may propose/ concur with the Title of statute
amendments  Mandatory law - Every bill passed by Congress shall
 Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) embrace only one subject which shall be expressed in the
o congress may not increase the appropriation title thereof (Art 6, Sec 26 (1) 1987 Constitution)
recommended by the President XXX  2 limitations upon legislation
o particular appropriation limited o To refrain from conglomeration, under one statute,
o procedure for Congres s is the s ame to all other of heterogeneous subjects
o Title of the bill should be couched in a language
department/ agencies (procedure for approving
appropriations ) sufficient to notify the legislators and the public
o special appropriations – national treasurer/ revenue and those concerned of the import of the single
subject.
proposal
o no transfer of appropriations xxx authority to
Purposes of requirement (on 1 subject)
augment
 Principal purpose: to apprise the legislators of the object,
o discretionary funds – for public purposes
nature, and scope of the provision of the bill and to prevent
o general appropriations bills – when re-enacted the enactment into law of matters which have not received
o President my veto any particular item/s in an the notice, action and study of the legislators.
appropriation revenue, or tariff bill. o To prohibit duplicity in legislation
 In sum of the purpose
Authentication of bills o To prevent hodgepodge/ log-rolling legislation
 Before passed to the President o To prevent surprise or fraud upon the legislature
 Indispensable o To fairly apprise the people, through publication of
 By signing of Speaker and Senate President
the subjects of the legislation
 o Used as a guide in ascertaining legislative intent
when the language of the act does not clearly
Unimpeachability of legislative journals
express its purpose; may clarify doubt or
 Journal of proceedings ambiguity.
 Conclusive with respect to other matters that are required by
the Constitution How requirement construed
 Disputable with respect to all other matters  Liberally construed
 By reason of public policy, authenticity of laws should rest  If there is doubt, it should be resolved against the doubt and
upon public memorials of the most permanent character in favor of the constitutionality of the statute
 Should be public
When there is compliance with requirement
Enrolled bill  Comprehensive enough - Include general object
 Bills passed by congress authenticated by the Speaker and  If all parts of the law are related, and are germane to the
the Senate President and approved by the President subject matter expressed in the title
 Importing absolute verity and is binding on the courts  Title is valid where it indicates in broad but clear terms, the
o It carries on its face a solemn assurance that it was nature, scope and consequences of the law and its operations
passed by the assembly by the legislative and  Title should not be a catalogue or index of the bill
executive departments.  Principles apply to titles of amendatory acts.
 Courts cannot go behind the enrolled act to discover what o Enough if it states “an act to amend a specific
really happened statute”
o If only for respect to the legislative and executive  Need not state the precise nature of the amendatory
departments act.
 Thus, if there has been any mistake in the printing of the bill  US Legislators have titles ending with the words “and for
before it w as certified by the officer of the assembly and other purposes” ( US is not subject to the same
approved by the Chief Executive, the remedy is by Constitutional restriction as that embodied in the Philippine
amendment by enacting a curative legislation not by judicial Constitution)
decree.
When requirement not applicable Separability clause
 Apply only to bills which may thereafter be enacted into law  it states that if any provision of the act is declared invalid,
 Does not apply to laws in force and existing at the time the the remainder shall not be affected thereby.
1935 Constitution took effect.  It is not controlling and the courts may invalidate the whole
 No application to municipal or city ordinances. statute where what is left, after the void part, is not complete
and workable
Effect of insufficiency of title  Presumption – statute is effective as a whole
 Statute is null and void  its effect: to create in the place of such presumption the
 Where, the subject matter of a statute is not sufficiently opposite of separability.
expressed in its title, only so much of the subject matter as is
not expressed therein is void, leaving the rest in force, unless PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
the invalid provisions are inseparable from the others, in
which case the nullity the former vitiates the latter Presidential issuances
 are those which the president issues in the exercise of
Enacting clause ordinance power.
 Written immediately after the title  i.e. EO, AO (administrative orders), proclamations, MO
 States the authority by which the act is enacted (memorandum orders), MC (memorandum circulars), and
general or special orders.
  Have force and effect of laws.
 #1 - Phil Commission – “ By authority of the President of the  EO
US, be it enacted by the US Philippine Commission” o acts of the President providing for rules of a
 #2 - Philippine Legislature- “ by authority of the US, be it general or permanent character in the
enacted by the Philippine Legislature” implementation or execution of constitutional/
 #3 - When #2 became bicameral: “Be it enacted by the statutory powers.
Senate and House of Representatives of the Philippines in o do not have the force and effect of laws enacted by
legislature assembled and by authority of the same” congress
 #4 - Commonwealth- “Be it enacted by the National o different from EO issued by the President in the ex
Assembly of the Philippines of her legislative power during the revolution
 #5 – when #4 became bicameral: “be it enacted by the Senate Presidential decree under the freedom constitution
and House of Representatives in congress assembled” – same  AO
1946-1972/1987-present. o acts of the President which relate to particular
 #6 – Batasang Pambansa: “Be it enacted by the Batasang aspects of governmental operations in pursuance of
Pambansa in session assembled” his duties as administrative head
 #7 – PD “ N O W THEREFORE, I ______ President of the  Proclamations
Philippines, by the powers vested in me by the Constitution o acts of the President fixing a date or declaring a
do hereby decree as follows” statute or condition of public moment or interest,
 #8 – EO “Now, therefore, I, ____ hereby order” upon the existence of which the operation of a
specific law or regulation is made to depend
Preamble  MO
 Defined – prefatory statement or explanation or a finding of o acts of the President on matters of administrative
facts, reciting the purpose, reason, or occasion for making details or of subordinate or temporary interest
the law to which it is prefixed” which only concern a particular officer or office of
 Found after enacting clause and before the body of the law. government
 Usually not used by legislations because content of the  MC
preamble is written in the explanatory note. o acts of the president on matters relating to internal
 But PDs and EOs have preambles. administration which the President desires to bring
to the attention of all or some of the departments,
Purview of statute agencies, bureaus, or offices of the government,
 that part which tells what the law is about for information of compliance
 body of statute should embrace only one subject should only  General or Specific Order
one subject matter, even there provisions should be allied o Acts and commands of the President in his
and germane to the subject and purpose of the bill. capacity as Commander-in-Chief of the AFP
 Statue is usually divided into section. w/c contains a single
proposition. Supreme Court circulars; rules and regulations
 Parts  See Art 8, Sec. 5(5) 1987 Constitution
o short title  See Art. 6, Sec. 30 1987 Constitution
o policy section  It has been held that a law which provides that a decision of
o definition section a quasi-judicial body be appealable directly to the S C, if
enacted without the advice and concurrence of the SC,
o administrative section
ineffective
o sections prescribing standards of conduct o Remedy or applicable procedure – go to CA
o sections imposing sanctions for violation of its  Rules of Court – product of the rule-making power of the SC
provisions o Power to repeal procedural rules
o transitory provision
o No power to promulgate rules substantive in nature
o separability clause
(unlike the legislative department)
o effectivity clause  Substantive rules – if it affects or takes away vested rights;
right to appeal
  Procedural rules – means of implementing existing right;
where to file an appeal for transferring the venue City ordinance
 Rules and regulations issued by the administrative or  Vested in Sangguniang panglungsod
executive officers in accordance with and authorized by law,  Majority of the quorum voting, ordinance is passed
have the force and effect of law  Submitted to Mayor within 10 days
o Requisites for validity o Approve
 Rules should be germane to the objects o Veto – 2/3 of all members – approved
and purposes of the law o Inaction – deemed approved
 Regulations be not in contradiction with,  If city or component city – submit to Sangguniang
but conform to, the standards that the panlalawigan for review which shall take action within 30
law prescribes days, otherwise, it will be deemed valid
 The be for the sole purpose of carrying
into effect the general provisions of the Provincial ordinance
law  Sangguniang panlalawigan – majority of quorum voting,
o Law cannot be restricted or extended passage of ordinance
o Law prevails over regulations, if there are  Forwarded to the Governor who within 15 days from receipt
discrepancies shall
 Rule-making power of public administrative agency is a o Approve
delegated legislative power – if it enlarges or restricts such o Veto – 2/3 of all members – approved
statute is invalid o Inaction – deemed approved
 Requisites for delegating a statute by legislative branch to
another branch of government to fill in details, execution, VALIDITY
enforcement, or administration of law…. the law must be:
o Complete in itself Presumption of constitutionality
o Fix a standard which may be express or implied  Every statute is presumed valid
 Example of “standard” – simplicity and o Lies on how a law is enacted
dignity; public interest; public welfare; o Due respect to the legislative who passed and
interest of law and order; justice and executive who approved
equity and substantial merit of the case; o Responsibility of upholding the constitution rests
adequate and efficient instruction not on the courts alone but on the legislative and
 Example: executive branches as well
o Change of “and/or” to “or” – invalid  Courts cannot inquire into the wisdom or propriety of laws
o Change of “may”(permissive) to “shall”  To declare a law unconstitutional, the repugnancy of the law
(mandatory) – invalid (Grego v COMELEC pp 22) to the constitution must be clear and unequivocal
 All reasonable doubts should be resolved in favor of the
Administrative rule and interpretation distinguished constitutionality of law; to doubt is to sustain
 Rule – “makes” new law with the force and effect of a valid  Final arbiter of unconstitutionality of law is the Supreme
law; binding on the courts even if they are not in agreement Court EN BANC (majority who took part and voted thereon)
with the policy stated therein or with its innate wisdom  Nonetheless, trial courts have jurisdiction to initially decide
 Interpretation – merely advisory for it is the courts that the issue of constitutionality of a law in appropriate cases
finally determine what the law means
 Administrative construction is not necessarily binding upon Requisites for exercise of judicial power
the courts; it may be set aside by judicial department (if there  The existence of an appropriate case
is an error of law, or abuse of power or lack of jurisdiction or  Interest personal and substantial by the party raising the
GAD – grave abuse of discretion) constitutional question
 Plea that the function be exercised at the earliest opportunity
Barangay ordinance  Necessity that the constitutional question be passed upon in
 Sangguniang barangay – smallest legislative body; may pass order to decide the case
an ordinance by majority of all its members; subject to
review by Sangguniang bayan/ panglungsod Appropriate case
 Sangguniang bayan/ panglungsod – take action on the  Bona fide case – one which raises a justiciable controversy
ordinance within 30 days from submission; if there’s  Judicial power is limited only to real, actual, earnest, and
inaction, it is presumed to be consistent with the municipal vital controversy
or city ordinance; if inconsistency is found, it will remand to  Controversy is justiciable when it refers to matter which is
the Sangguniang barangay appropriate for court review; pertains to issues which are
Municipal ordinance inherently susceptible of being decided on grounds
 Lodged in the Sangguniang bayan recognized by law
 Majority of the quorum voting, ordinance is passed  Courts cannot rule on “political questions” – questions which
 Ordinance sent to Mayor within 10 days for approval or are concerned with issues dependent upon the wisdom (v.
veto; if there’s mayor’s inaction, ordinance is presumed legality) of a particular act or measure being assailed
approved; if vetoed and overridden by 2/3 of all members, o “separation of powers”
ordinance is approved o However, Constitution expands the concept of
 Approved ordinance is passed to Sangguniang panlalawigan judicial review – judicial power includes the duty
for review of the courts of justice to settle actual controversies
o Within 30 days may invalidate in whole or in part involving rights which are legally demandable and
and its action is final; if there’s inaction within 30 enforceable and to determine whether or not there
days, it is deemed valid has been GAD amounting to lack or excess of
 jurisdiction on the branch or the part of any Effects of unconstitutionality
branch/ instrumentality of the Government  It confers no rights
 Imposes no duties
Standing to sue  Affords no protection
 Legal standing or locus standi – personal/ substantial interest  Creates no office
in the case such that the party has sustained or will sustain  In general, inoperative as if it had never been passed
direct injury as a result of governmental act that is being  2 views:
challenged
o Orthodox view – unconstitutional act is not a law;
 “interest” – an interest in issue affected by the decree decision affect ALL
 Citizen – acquires standing only if he can establish that he o Modern view – less stringent; the court in passing
has suffered some actual or threatened concrete injury as a
upon the question of unconstitutionality does not
result of the allegedly illegal conduct of the government
annul or repeal the statute if it finds it in conflict
o E.g. taxpayer – when it is shown that public funds
with the Constitution; decisions affects parties
have been illegally disbursed ONLY and no judgment against the statute;
 Member of the Senate or of the House has legal standing to opinion of court may operate as a precedent; it
question the validity of the Presidential veto or a condition does not repeal, supersede, revoke, or annul the
imposed on an item in an appropriations bills statute
 SC may, in its discretion, take cognizance of a suit which
does not satisfy the requirement of legal standing Invalidity due to change of conditions
o E.g. calling by the President for the deployment of  Emergency laws
the Philippine Marines to join the PNP in visibility  It is deemed valid at the time of its enactment as an exercise
patrols around the metro of police power
 It becomes invalid only because the change of conditions
When to raise constitutionality makes its continued operation violative of the Constitution,
 xxx at the earliest possible opportunity – i.e. in the pleading and accordingly, the declaration of its nullity should only
 it may be raised in a motion for reconsideration / new trial in affect the parties involved in the case and its effects applied
the lower court; or prospectively
 in criminal cases – at any stage of the proceedings or on
appeal Partial invalidity
 in civil cases, where it appears clearly that a determination of  General rule: that where part of a statute is void as repugnant
the question is necessary to a decision, and in cases where it to the Constitution, while another part is valid, the valid
involves the jurisdiction of the court below portion, if separable from the invalid, may stand and be
enforced
 Exception – that w hen parts of a statute are s o mutually
dependent and connected, as conditions, considerations,
Necessity of deciding constitutionality
inducements, or compensations for each other, as to warrant
 where the constitutional question is of paramount public a belief that the legislature intended them as a whole, the
interest and time is of the essence in the resolution of such nullity of one part will vitiate the rest – such as in the case of
question, adherence to the strict procedural standard may be Tatad v Sec of Department of Energy and Antonio v.
relaxed and the court, in its discretion, may squarely decide COMELEC
the case
 where the question of validity, though apparently has EFFECT AND OPERATION
become moot, has become of paramount interest and there is
undeniable necessity for a ruling, strong reasons of public When laws take effect
policy may demand that its constitutionality be resolved  Art 2 CC - “xxx laws to be effective must be published either
in the Official Gazette or in a newspaper of general
Test of constitutionality circulation in the country”
 … is what the Constitution provides in relation to what can o The effectivity provision refers to all statutes,
or may be done under the statute, and not by what it has been including those local and private, unless there are
done under it. special laws providing a different effectivity
o If not within the legislative power to enact mechanism for particular statutes
o If vague – unconstitutional in 2 respects  Sec 18 Chapter 5 Book 1 of Administrative Code
 Violates due process  Effectivity of laws
 Leaves law enforcers unbridled o default rule – 15-day period
discretion in carrying out its provisions o must be published either in the OG or newspaper
o Where there’s a change of circumstances – i.e. of general circulation in the country; publication
emergency laws must be full
 Ordinances (test of validity are):  The clause “unless it is otherwise provided” – solely refers to
o It must not contravene the Constitution or any the 15-day period and not to the requirement of publication
statute
o It must not be unfair or oppressive When Presidential issuances, rules and regulations take effect
o It must not be partial or discriminatory  The President’s ordinance power includes the authority to
o It must not prohibit but may regulate trade issue EO, AO, Proclamations, MO, MC and general or
o It must be general and consistent with public specific orders
policy  Requirement of publication applies except if it is merely
o It must not be unreasonable interpretative or internal in nature not concerning the public
 2 types:
 o Those whose purpose is to enforce or implement
existing law pursuant to a valid delegation or to fill
in the details of a statute; requires publication CHAPTER TWO: Construction and Interpretation
o Those which are merely interpretative in nature or
internal; does not require publication NATURE AND PURPOSE
 Requirements of filing (1987 Administrative Code):
o Every agency shall file with the UP Law Center 3 Construction defined
 Construction is the art or process of discovering and
certified copies of every rule adopted by it. Rules
in force on the date of effectivity of this Code expounding the meaning and intention of the authors of the
law, where that intention rendered doubtfully reason of
which are not filed within 3 months from that date
ambiguity in its language or of the fact that the given case is
shall not thereafter be the basis of any sanction
not explicitly provided for in the law.
against any party/ persons
 Construction is drawing of warranted conclusions beyond
direct expression of the text expressions which are in spirit
When local ordinance takes effect though not within the text.
 Unless otherwise stated, the same shall take effect 10 days  xxx inevitably, there enters into the construction of statutes
from the date a copy is pos ted in a bulletin board at the the play of JUDICIAL JUDGMENT within the limits of the
entrance of the provincial capitol or city, municipality or relevant legislative materials
barangay hall, AND in at least 2 other conspicuous places in  it involves the EXERCISE OF CHOICE BY THE
the local government unit concerned JUDICIARY
 The secretary to the Sangguinian concerned shall cause the
posting not later than 5 days after approval; text will be Construction and interpretation distinguished
disseminated in English or Tagalog; the secretary to the  They are so alike in practical results and so are used
Sangguinian concerned shall record such fact in a book kept interchangeably; synonymous.
for that purpose, stating the dates of approval and posting
 Gist of ordinance with penal sanctions shall be published in a Construction Interpretation
newspaper of general circulation within the respective - process of drawing warranted - art of finding the true
province concerned; if NO newspaper of general circulation conclusions not always meaning and sense of any form
in the province, POSTING shall be made in all included in direct expressions, of words
municipalities and cities of the province where the or determining the application
Sanggunian of origin is situated of words to facts in litigation
 For highly urbanized and independent component cities,
main features of the ordinance, in addition to the posting Rules of construction, generally
requirement shall be published once in a local newspaper. In  Rules of statutory construction are tools used to ascertain
the absence of local newspaper, in any newspaper of general legislative intent.
circulation  NOT rules of law but mere axioms of experience
o Highly urbanized city – minimum population of  In enacting a statute, the legislature is presumed to know the
200,000 and with latest annual income of at least rules of statutory construction, in case of doubt, be construed
50M Php in accordance with the settled principles of interpretation.
 Legislature sometimes adopts rules of statutory construction
Statutes continue in force until repealed as part of the provisions of the statute: - see examples page
 Permanent/ indefinite – law once established continues until 49-50
changed by competent legislative power. It is not changed
 Legislature also defines to ascertain the meaning of vague,
by the change of sovereignty, except that of political nature broad words/ terms
 Temporary – in force only for a limited period, and they
terminate upon expiration of the term stated or upon Purpose of object of construction
occurrence of certain events; no repealing statute is needed  The purpose is to ascertain and give effect to the intent of the
law.
Territorial and personal effect of statutes  The object of all judicial interpretation of a statute is to
 All people within the jurisdiction of the Philippines determine legislative intent, either expressly or impliedly, by
the language used; to determine the meaning and will of the
Manner of computing time law making body and discover its true interpretations of law.
 See Art. 13 CC
 Where a statute requires the doing of an act within a Legislative intent, generally
specified number of days, such as ten days from notice, it  … is the essence of the law
means ten calendar days and NOT ten working days  Intent is the spirit which gives life to legislative enactment. It
 E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947 must be enforced when ascertained, although it may not be
 If last day falls on a Sunday or holiday, the act can still be consistent with the strict letter of the statute. It has been held,
done the following day however, that that the ascertainment of legislative intent
 Principle of “exclude the first, include the last” DOES NOT depend more on a determination of the purpose and object of
APPLY to the computation of the period of prescription of a the law.
crime, in which rule, is that if the last day in the period of  Intent is sometimes equated with the word “spirit.”
prescription of a felony falls on a Sunday or legal holiday,  While the terms purpose, meaning, intent, and spirit are
the information concerning said felony cannot be filed on the oftentimes interchangeably used by the courts, not entirely
next working day, as the offense has by then already synonymous
prescribed
Legislative purpose
  A legislative purpose is the reason why a particular statute  If the 3rd means (effect of the law) is first
was enacted by legislature. used, it will be judicial legislation
 Legislation “is an active instrument and government which,
for the purpose of interpretation means that laws have ends POWER TO CONSTRUE
to be achieved”
Construction is a judicial function
Legislative meaning  It is the court that has the final w ord as to w hat the law
 Legislative meaning is what the law, by its language, means. means.
 What it comprehends;  It construes laws as it decide cases based on fact and the law
 What it covers or embraces; involved
 What its limits or confines are.  Laws are interpreted in the context of a peculiar factual
 Intent and Meaning – synonymous situation of each case
 If there is ambiguity in the language used in a statute, its  Circumstances of time, place, event, person and particularly
purpose may indicate the meaning of the language and lead attendant circumstances and actions before, during and after
to what the legislative intent is the operative fact have taken their totality so that justice can
be rationally and fairly dispensed.
Graphical illustration –  Moot and academic –
o Purpose has become stale
Federation of Free Farmers v CA. o No practical relief can be granted
 RA No. 809 Sec. 1 – “In absence of a written milling
o Relief has no practical effect
agreements between the majority of the planters and the
millers, the unrefined sugar as well as all by-products shall  General rule (on mootness) – dismiss the case
be divided between them” o Exception:
 RA 809 Sec. 9 – “The proceeds of any increase in  If capable of repetition, yet evading
participation granted by the planters under this act and above review
their present share shall be divided between the planter and  Public interest requires its resolution
his laborer in the proportion of 60% laborer and 40%  Rendering decision on the merits would
planter” be of practical value
 To give literal import in interpreting the tw o section will
defeat the purpose of the Act Legislative cannot overrule judicial construction
 The purpose:  It cannot preclude the courts from giving the statute different
o Continuous production of sugar interpretation
o To grant the laborers a share in the increased  Legislative – enact laws
participation of planters in the sugar produce  Executive- to execute laws
 The legislative intent is, thus to make the act operative  Judicial- interpretation and application
irrespective of whether there exists a milling agreement  If the legislature may declare w hat a law means – it will
between central and the sugar planters. cause confusion…it will be violative of the fundamental
principles of the constitution of separation powers.
Matters inquired into in construing a statute  Legislative construction is called resolution or declaratory
 “It is not enough to ascertain the intention of the statute; it is act
also necessary to see whether the intention or meaning has
been expressed in such a w ay as to give it legal effect or
validity”
 Thus: The object of inquiry is not only to know what the Endencia v David
legislature used sufficiently expresses that meaning. The  Explains why legislative cannot overrule Supreme Court’s
legal act is made up of 2 elements: decision
o internal – intention
o external- expression Perfecto v. Meer
 Art. 8 Sec. 9 1935 Constitution – SC’s interpretation: “shall
 Failure of the latter may defeat the former
receive such compensation as may be fixed by law, which
shall not be diminished during their continuance in office” –
exempt from income tax
 Legislative passed RA 590 Sec. 13 – “no salary whenever
Where legislative intent is ascertained
received by any public officer of the Republic shall be
 The primary source of legislative intent is the statute itself.
considered exempt from the income tax, payment of which is
 If the statute as a whole fails to indicate the legislative intent
hereby declared not to be a diminution of his compensation
because of ambiguity, the court may look beyond the statute
fixed by the Constitution or by law”
such as:
 Source of confusion
o Legislative history – what was in the legislative
 Violative of principle on separation of powers
mind at the time the statute was enacted; what the
 RA 590 Sec 13 – unconstitutional
circumstances were; what evil was meant to be
redressed  Art 8 Sec. 9 1935 – repealed by Art. 15 Sec. 6 1973
o Purpose of the statute – the reason or cause which Constitution – “no salary or any form of emolument of any
public officer or employee, including constitutional officers,
induced the enactment of the law, the mischief to
shall be exempt from payment of income tax”
be suppressed, and the policy which dictated its
passage  Thus, judiciary is not exempt from payment of tax anymore
o when all these means fail, look into the effect of
When judicial interpretation may be set aside
the law.
  “Interpretations may be set aside.” The interpretation of a  Issue: whether ballots not signed at the back by the chairman
statute or a constitutional provision by the courts is not so of the Board of Election Inspectors (BEI) are spurious, since
sacrosanct as to be beyond modification or nullification. it violated Sec. 24 RA 7166
 The Supreme Court itself may, in an appropriate case change  Held: not spurious; only renders the BEI accountable
or overrule its previous construction.
 The rule that the Supreme Court has the final word in the Rulings of Supreme Court part of legal system
interpretation or construction of a stature merely means that  Art. 8 CC – “Judicial decisions applying or interpreting the
the legislature cannot, by law or resolution, modify or annul laws or the Constitution shall form part of the legal system of
the judicial construction without modifying or repealing the the Philippines”
very statute which has been the subject of construction. It  Legis interpretato legis vim obtinet – authoritative
can, and it has done so, by amending or repealing the statute, interpretation of the SC of a statute acquires the force of law
the consequence of which is that the previous judicial by becoming a part thereof as of the date of its enactment ,
construction of the statute is modified or set aside
since the court’s interpretation merely establishes the
accordingly. contemporaneous legislative intent that the statute thus
construed intends to effectuate
When court may construe statute
 “The court may construe or interpret a statute under the  Stare decisis et non quieta novere – when the SC has once
condition that THERE IS DOUBT OR AMBIGUITY” laid down a principle of law as applicable to a certain state of
 Ambiguity – a condition of admitting 2 or more meanings. facts, it will adhere to that principle and apply it to all future
Susceptible of more than one interpretation. casese where the facts are substantially the same
 Only w hen the law is ambiguous or doubtful of meaning o For stability and certainty
may the court interpret or construe its intent.  Supreme Court becomes, to the extent applicable, the criteria
that must control the actuations not only of those called upon
Court may not construe where statute is clear to abide thereby but also of those duty-bound to enforce
 A statute that is clear and unambiguous is not susceptible of obedience thereto.
interpretations.  SC rulings are binding on inferior courts
 First and fundamental duty of court – to apply the law
 Construction – very last function which the court should Judicial rulings have no retroactive effect
exercise  Lex prospicit not respicit - the law looks forward, not
 Law is clear – no room for interpretation, only room for backward
application  Rationale: Retroactive application of a law usually divest
 Courts cannot enlarge or limit the law if it is clear and free rights that have already become vested or impairs he
from ambiguity (even if law is harsh or onerous obligations of contract and hence is unconstitutional.
 A meaning that does not appear nor is intended or reflected
Peo v. Jabinal
in the very language of the statute cannot be placed therein
by construction  Peo v Macarandang – peace officer exempted from issuance
of license of firearms – included a secret agent hired by a
Manikan v. Tanodbayan governor
 Sec. 7 PD 1716-A – “sole police authority” of EPZA  Peo. v. Mapa – abandoned doctrine of Macarandang in 1967
officials may not be construed as an exception to, or  The present case, Jabinal was arraigned while the
limitation on, the authority of the Tanodbayan to investigate Macarandang Doctrine was still prevailing, however, the
complaints for violation of the anti-graft law committed by decision was promulgated w hen the Mapa doctrine was in
the EPZA officials place
 EPZA’s power – not exclusive; “sole” refers to police  The Court held that Jabinal is acquitted using stare decisis
authority not emplyed to describe other power doctrine and retroactivity doctrine
Co. v. CA
Lapid v. CA  On BP 22, Co is acquitted in relying on the Circular issued;
 Issue: whether or not the decision of the Ombudsman Que doctrine, which convicted Que under BP 22, was not
imposing a penalty of suspension of one year without pay is given retroactive application
immediately executory
 Administrative Code and LGC – not suppletory to Roa v. Collector of Customs
Ombudsman Act  Used jus soli (place of birth)
 These three laws are related or deal with public officers, but  SC favored jus sanguinis (by blood)
are totally different statutes  However, the abandonment of the principle of jus soli did
not divest the citizenship of those who, by virtue of the
 An administrative agency tasked to implement a statute may principle before its rejection, became of were declared
not construe it by expanding its meaning where its provisions citizens of the Philippines
are clear and unambiguous
Benzonan v. CA
Land Bank v. CA  Issue: when to count the 5-year period to repurchase land
 DAR interpreted “deposits” to include trust accounts” granted CA 141
 S C held that “depos its ” is limited only to cas h and LBP  Monge v Angeles (1957) and Tupas v Damaso (1984) – from
bonds the date of conveyance or foreclosure sale
 Belisario v. IAC (1988) – from the period after the expiration
Libanan v. HRET of the 1-year period of repurchase
 The SC held that the doctrine that should apply is that which
was enunciated in Monge and Tupas because the transactions
involved took place prior to Belisario and not that which was
 laid down in the latter case which should be applied  It is used as an aid, in case of doubt in its language to its
prospectively construction and to ascertaining legislative will.
 If the meaning of the statute is obscure, courts may resort to
Court may issue guidelines in construing statute the title to clear the obscurity.
 In construing a statute, the enforcement of which may tread  The title may indicate the legislative intent to extend or
on sensitive areas of constitutional rights, the court may restrict the scope of law, and a statute couched in a language
issue guidelines in applying the statute, not to enlarge or of doubtful import will be constructed to conform to the
restrict it but to clearly delineate what the law is. legislative intent as disclosed in its title.
 Resorted as an aid where there is doubt as to the meaning of
Peo. v. Ferrer the law or as to the intention of the legislature in enacting it,
 What acts that may be considered liable under the Anti- and not otherwise.
Subversion Act  Serve as a guide to ascertaining legislative intent carries
more weight in this jurisdiction because of the constitutional
Morales v. Enrile requirement that “every bill shall embrace only one subject
 Rights of a person under custodial investigation who shall be expressed in the title thereof.
 The constitutional injunction makes the title an indispensable
part of a statute.
RP v. CA/ Molina
 Guidelines for ascertaining psychological incapacity of an Baguio v. Marcos
erring spouse in a void marriage under Art. 36 FC  The question raised is when to count the 40 yr period to file a
petition for reopening of cadastral proceedings (to settle and
LIMITATIONS ON POWER TO CONSTRUE adjudicate the titles to the various lots embraced in the
survey) as authorized by RA 931 covering the lands that
Courts may not enlarge nor restrict statutes have been or about to be declared land of public domain, by
 Courts are not authorized to insert into the law what they virtue of judicial proceedings instituted w/in the 40 years
think should be in it or to supply what they the legislature next preceding the approval of this act.
would have supplied if its intention had been called to the  The question is asked if the proceeding be reopened
omission. originally instituted in court April 12, 1912 or November 25,
 They should not by construction, revise even the most 1922, the counted date form which the decision therein
arbitrary or unfair action of the legislature, nor rewrite the rendered became final. Petition was filed on July 25, 1961
law to conform to what they think should be the law.  Title of the Law “An Act to authorize the filing in the proper
 Neither should the courts construe statutes which are court under certain conditions of certain claims of title to
perfectly vague for it violates due process parcels of land that have been declared public land, by virtue
o Failure to accord persons fair notice of the conduct of the approval of this act.”
to avoid  There was an apparent inconsistency between the title and
o Leave law enforcers unbridled discretion in body of the law.
carrying out its provisions  It ruled that the starting date to count the period is the date
 2 leading stars on judicial construction the final decision was rendered.
o Good faith  It recites that it authorizes court proceedings of claims to
o commonsense parcels of land declared public by virtue of judicial decisions
 an utterly vague act on its face cannot be clarified by either a rendered within forty years next preceding the approval of
this act.
saving clause or by construction
 That title written in capital letters by Congress itself; such
Courts not to be influenced by questions of wisdom kind of title then is not to be classed with words or titles used
 Courts do not sit to resolve the merit of conflicting theories by compilers of statues because it is the legislature speaking.
 Courts do not pass upon question of wisdom, justice or  Words by virtue of judicial decisions rendered in the title of
expediency of legislation, for it’s not within their province to the law stand in equal importance to the phrase in Sections 1
supervise legislation and keep it within the bounds of thereof by virtue of judicial proceedings instituted.
common sense.  The court ruled that examining Act no. 2874 in detail was
 The court merely interpret regardless of whether or not they intended to apply to public lands only for the title of the act,
wise or salutary. always indicative of legislative intent.
 No bill shall embrace more than one subject, which subject
CHAPTER THREE: Aids to Construction shall be expressed in the title of the bill, the words and for
other purposes’ when found in the title have been held to be
IN GENERAL without force or effect whatsoever and have been altogether
discarded in construing the Act.
Generally
 Where the meaning of a statue is ambiguous, the court is Ebarle v. Sucaldito
warranted in availing itself of all illegitimate aids to  The issue is raised whether Executive order no. 264 entitled
construction in order that it can ascertain the true intent of “ Outlining the procedure by which complaints charging
the statute. government officials and employees with commission of
irregularities should be guided” applies to criminal actions,
 The aids to construction are those found in the printed page to the end that no preliminary investigation thereof can be
of the statute itself; know as the intrinsic aids, and those undertaken or information file in court unless there is
extraneous facts and circumstances outside the printed page, previous compliance with the executive order.
called extrinsic aids.  EO only applies to administrative and not to criminal
complaints.
Title
 The very title speaks of commission of irregularities.
 land owner, succeeds in occupying or possessing the
When resort to title not authorized property of the latter against his will for residential,
 The text of the statute is clear and free from doubt, it is commercial or any other purposes.
improper to resort to its title to make it obscure.  The decree was promulgated to solve the squatting problem
 The title may be resorted to in order to remove, but not to which according to its preamble is still a major problem in
create doubt. urban communities all over the country and because many
persons and entities found to have been unlawfully
Preamble occupying public and private lands belong to the affluent
 It is a part of the statute written immediately after its title, class.
which states the purpose, reason for the enactment of the  The court said that crime may only be committed in urban
law. communities and not in agricultural and pastural lands
 Usually express in whereas clauses. because the preamble of the decree shows that it was
 Generally omitted in statutes passed by: intended to apply for squatting in urban lands, more
 Phil. Commission particularly to illegal constructions.
 Phil. Legislature
Context of whole text
 National Assembly
 To ascertain legislative intent is the statute itself taken as a
 Congress of the Phil
whole and in relation to one another considering the whole
 Batasang Pambansa context of the statute and not from an isolated part of the
 These legislative bodies used the explanatory note to explain provision.
the reasons for the enactment of statutes.
 The meaning dictated by the context prevails.
 Extensively used if Presidential decrees issued by the  Every section, provision, or clause of the statute mus t be
President in the exercise of his legislative power. expounded by reference to each other in order to arrive at the
 When the meaning of a statute is clear and unambiguous, the effect contemplated by the legislature.
preamble can neither expand nor restrict its operation, much
less prevail over its text. Nor can be used as basis for giving Punctuation marks
a statute a meaning.  Semi- colon – used to indicate a separation in the relation of
 When the statute is ambiguous, the preamble can be resorted the thought, what follows must have a relation to the same
to clarify the ambiguity. matter it precedes it.
 Preamble is the key of the statute, to open the minds of the  Comma and semi- colon are us e for the s ame purpose to
lawmakers as to the purpose is achieved, the mischief to be divide sentences, but the semi – colon makes the division a
remedied, and the object to be accomplished, by the little more pronounce. Both are not used to introduce a new
provisions of the legislature. idea.
 May decide the proper construction to be given to the statute.  Punctuation marks are aids of low degree and can never
 May restrict to what otherwise appears to be a broad scope of control against the intelligible meaning of written words.
law.  An ambiguity of a statute which may be partially or wholly
 It may express the legislative intent to make the law apply solved by a punctuation mark may be considered in the
retroactively in w hich case the law has to be given construction of a statute.
retroactive effect.  The qualifying effect of a word or phrase may be confined to
its last antecedent if the latter is separated by a comma from
Illustration of rule the other antecedents.
 An argument based on punctuation is not persuasive.
People v. Purisima
 A person was charged w/ violation of PD 9 which penalizes, Illustrative examples
among others, the carrying outside of one’s residence any
bladed, blunt or pointed weapon not used as a necessary tool Florentino v. PNB
or implement for livelihood, with imprisonment ranging  “who may be willing to accept the same for such settlement”
from five to ten years. – this implies discretion
 Question rose whether the carrying of such weapon should  SC held: only the last antecedent – “any citizen of the
be in relation to subversion, rebellion, insurrection, lawless Philippines or any association or corporation organized
violence, criminality, chaos or public disorder as a necessary
under the laws of the Philippines”
element of the crime.
 xxx pursuant to which backpay certificate-holders can
 The mere carrying of such weapon outside one’s residence is compel government-owned banks to accept said certificates
sufficient to constitute a violation of the law for payment of their obligations subsisting at the time of the
 Pursuant to the preamble which spelled out the events that amendatory act was approved
led to the enactment of the decree the clear intent and spirit Nera v. Garcia
of the decree is to require the motivation mentioned in the
 “if the charge against such subordinate or employee involves
preamble as in indispensable element of the crime. dishonesty, oppression, or grave misconduct or neglect in the
 The severity of the penalty for the violation of the decree performance of his duty”
suggests that it is a serious offense, which may only be  “dishonesty” and “oppression” – need not be committed in
justified by associating the carrying out of such bladed of
the course of the performance of duty by the person charges
blunt weapon with any of the purposes stated in its preamble.
Peo. v. Subido
Peo v. Echavez
 Subsidiary imprisonment in case of insolvency qualifies both
 Issue: whether a person who squatted on a pastoral land
non-payment of indemnity and non-payment of fine
could be held criminally liable for the violation of PD 772
“any person who, with the use of force, intimidation or Capitalization of letters
threat, or taking advantage of the absence or tolerance of the
 An aid of low degree in the construction of statute.
 Purpose of law or mischief to be suppressed
 Intended to be removed or suppressed and the causes which
Headnotes or epigraphs induced the enactment of the law are important factors to be
 Secondary aids considered in this construction.
 They are prefixed to sections, or chapters of a statute for o Purpose or object of the law
ready reference or classification.
o Mischief intended to be removed
 Not entitled too much weight, and inferences drawn there
o Causes which induced the enactment of the law
from are of little value and they can never control the plain
terms of the enacting clauses, for they are not part of the law.  Must be read in such a way as to give effect to the purpose
projected in the statute.
 The provisions of each article are controlling upon the
subject thereof and operate as a general rule for settling such  The purpose of the general rule is not determinative of the
questions as are embraced therein. proper construction to be given to the exceptions.
 When the text of a statute is clear and unambiguous, there is  Purpose of statute is more important than the rules of
neither necessity nor propriety to resort to the headings or grammar and logic in ascertaining the meaning
epigraphs of a section for interpretation of the text, especially
when they are mere reference aids indicating the general Dictionaries
nature of the text that follows.  A statute does not define word or phrases used.
 Generally define words in their natural plain and ordinary
Lingual text acceptance and significance.
 Rule is that, unless provided, where a statute is promulgated
in English and Spanish, English shall govern but in case of Consequences of various constructions
ambiguity, Spanish may be consulted to explain the English  Inquired as an additional aid to interpretation.
text.  A construction of a statute should be rejected that will cause
 A statute is officially promulgated in Spanish or in English, injustice and hardship, result in absurdity, defeat legislative
or in Filipino intent or spirit, preclude accomplishment of legislative
 “In the interpretation of a law or administrative issuance purpose or object, render certain w ords or phrases a
promulgated in all the official languages, the English text surplusage, nullify the statute or make any of its provisions
shall control, unless otherwise provided. nugatory.

Intent or spirit of law Presumptions

 Based on logic, experience, and common sense, and in the
 It is the law itself. absence of compelling reasons to the contrary, doubts as to
 Controlling factor, leading star and guiding light in the the proper and correct construction of a statute will be
application and interpretation of a statute. resolved in favor of that construction which is in accord with
the presumption on the matter.
 A statute must be according to its spirit or intent.
o Constitutionality of a statute
 The courts cannot assume an intent in no way expressed and
then construe the statute to accomplish the supposed o Completeness
intention; otherwise they would pass beyond the bounds of o Prospective operation
judicial power to usurp legislative power. o Right and justice
o Effective, sensible, beneficial and reasonable
Policy of law operation as a whole
 Should be given effect by the judiciary. o Against inconsistency and implied repeal
 One way to accomplish this mandate is to give a statute of  unnecessary changes in law
doubtful meaning, a construction that will promote public  impossibility
policy.
 absurdity
 injustice and hardship
Tinio v. Francis
 inconvenience
 Policy of the law – to conserve the land of the homesteader
 xxx not be subject to encumbrance/ alienation from the date  ineffectiveness.
of the approval of the application and for a term of 5 years
LEGISLATIVE HISTORY
from and after the date of the issuance of the patent or grant
o from the ORDER for the issuance of patent
Generally
o if literal interpretation is to be used, policy will be  A statute is susceptible of several interpretations or where
defeated there is ambiguity in the language, there is no better means
of ascertaining the will and intention of the legislature than
Cajiuat v. Mathay that which is afforded by the history of the statute.
 policy – against double pensions for the same services
 a law which grants retirable employees certain gratuity “in What constitutes legislative history
addition to other benefits which they are entitled under  History of a statute refers to all its antecedents from its
existing laws” CA N N O T be construed as to authorize the inception until its enactment into law.
grant of double gratuity  Its history proper covers the period and the steps done from
 “other benefits” may be the time the bill is introduced until it is finally passed by the
o Refund of contributions legislature.
o Payment of the money value of accumulated  What it includes:
vacation and sick leaves o President’s message if the bill is enacted in
response thereto,
o The explanatory note accompanying the bill
 o Committee reports of legislative investigations  Courts are permitted to prior laws on the same subject and to
o Public hearings on the subject of the bill investigate the antecedents of the statute involved.
o Sponsorship speech  This is applicable in the interpretation of codes, revised or
o Debates and deliberations concerning the bill compiled statutes, for the prior law which have been
codified, compiled or revised will show the legislative
o Amendments and changes in phraseology in which
history that will clarify the intent of the law or shed light on
it undergoes before final approval thereof. the meaning and scope of the codified or revised statute.
o If the statute is based from a revision, a prior
statute, the latter’s practical application and Peo. v. Manantan
judicial construction,  Issue: whether or not justice of peace is included
o Various amendments it underwent  Contention of Manantan, who is a justice of peace, is that the
o Contemporary events at the omission of “justice of peace” revealed the intention of the
legislature to exclude such from its operation
President’s message to legislature  Held: contention denied. In holding that the word “judge”
 The president shall address the congress at the opening of its includes “justice of peace”, the Court said that “a review of
regular session or appear before it at any other time. the history of the Revised Election Code will help justify and
 Usually contains proposed legal measures. clarify the above conclusion”
 Indicates his thinking on the proposed legislation, when
enacted into law, follows his line of thinking on the matter. Director of Lands v. Abaya
 When to count the 10-year period, either from the date the
Explanatory note decision was rendered or from the date judicial proceedings
 A short exposition of explanation accompanying a proposed instituted in cadastral cases
legislation by its author or proponent.  Held: court resolved the issue by referring to 4 older laws
 Where there is ambiguity in a statute or where a statute is which have in common that counting of the period starts
susceptible of more than one interpretation, courts may resort from the date of the institution of the judicial proceeding and
to the explanatory note to clarify the ambiguity and ascertain not from the date the judgment is rendered
the purpose or intent of the statute.
 Used to give effect to the purpose or intent as disclosed in its
explanatory note. Salaysay v. Castro
 A statute affected or changed an existing law and the  “Actually holding” ~ “lastly elected”
explanatory note to the bill which has eventually enacted into  Thus, a vice mayor acting as mayor is not included in the
a law states that the purpos e is too s imply to s ecure the provision
prompt action on a certain matter by the officer concerned
and not to change the existing law ; the statute s hould be Change in phraseology by amendments
construed to carry out such purpose.  Intents to change the meaning of the provision.
 It may be used as a basis for giving a statute a meaning that  A statute has undergone several amendments, each
is inconsistent with what is expressed in the text of the amendment using different phraseology, the deliberate
statute. selection of language differing from that of the earlier act on
the subject indicates that a change in meaning of the law was
Legislative debates, views and deliberations intended and courts should so construe that statute as to
 Courts may avail to themselves the actual proceedings of the reflect such change in meaning.
legislative body to assist in determining the construction of a
statute of doubtful meaning. Commissioner of Customs v. CTA
 There is doubt to what a provision of a statute means, that  “national port” (new law) not the same as “any port” (old
meaning which was put to the provision during the law); otherwise, “national” will be a surplusage
legislative deliberation or discussion on the bill may be
adopted. Amendment by deletion
 V iew s expressed are as to the bill’s purpose, meaning or  Deletion of certain words or phrases in a statute indicates
effect are not controlling in the interpretation of the law. that the legislature intended to change the meaning of the
 It is impossible to determine with authority what statute, for the presumption is that the legislation would not
construction w as put upon an act by the members of the have made the deletion had the intention been not effect a
legislative body that passed the bill. change in its meaning.
 The opinions expressed by legislators in the course of  A statute containing a provision prohibiting the doing of a
debates concerning the application of existing laws are not certain thing is amended by deleting such provision.
also given decisive weight, especially where the legislator
was not a member of the assembly that enacted the said laws. Gloria v. CA
 When a statute is clear and free from ambiguity, courts will  Issue: whether a public officer or employee, who has been
not inquire into the motives which influence the legislature preventively suspended pending investigation of the
or individual members, in voting for its passage; no indeed administrative charges against him, is entitled to his salary
as to the intention of the draftsman, or the legislators, so far and other benefits during such preventive suspension
as it has not been expressed into the act.  Held: Court answered in the negative because such provision
with regard to payment of salaries during suspension w as
Reports of commissions deleted in the new law
 Commissions are usually formed to compile and collate all
laws on a particular subject and to prepare the draft of the Buenaseda v. Flavier
proposed code.  Ombusman and his deputy can only preventively suspend
respondents in administrative cases who are employed in his
Prior laws from which statute is based
 office, and not those who are employees in other department  Law is not a watertight compartment sealed or shut off from
or offices of the government the contact with the drama of life which unfolds before our
eyes.
Exceptions to the rule (of amendment by deletion)
 An amendment of the statue indicates a change in meaning CONTEMPORARY CONSTRUCTION
from that which the statute originally had applies only when
the intention is clear to change the previous meaning of the Generally
old law.  Are the constructions placed upon statutes at the time of, or
 Rules don’t apply when the intent is clear that the after their enactment by the executive, legislative or judicial
amendment is precisely to plainly express the construction of authorities, as well as by those who involve in the process of
the act prior to its amendment because its language is not legislation are knowledgeable of the intent and purpose of
sufficiently expressive of such construction. the law.
 Frequently, words do not materially affect the sense will be  Contemporary construction is strongest in law.
omitted from the statute as incorporated in the code or
revised statute, or that some general idea will be expressed in Executive construction, generally; kinds of
brief phrases.  Is the construction placed upon the statute by an executive or
administrative officer.
Adopted statutes  Three types of interpretation
 Foreign statutes are adopted in this country or from local o Construction by an executive or administrative
laws are patterned form parts of the legislative history of the officer directly called to implement the law.
latter. o Construction by the secretary of justice in his
 Local statutes are patterned after or copied from those of capacity as the chief legal adviser of the
another country, the decision of the courts in such country government.
construing those laws are entitled to great weight in the o Handed dow n in an adversary proceeding in the
interpretation of such local statutes. form of a ruling by an executive officer exercising
quasi-judicial power.
Limitations of rule
 A statute w hich has been adopted from that of a foreign
Weight accorded to contemporaneous construction
country should be construed in accordance with the  Where there is doubt as to the proper interpretation of a
construction given it in the country of origin is not without statute, the uniform construction placed upon it by the
limitations. executive or administrative officer charged with its
enforcement will be adopted if necessary to resolve the
Principles of common law doubt.
 Known as Anglo-American jurisprudence which is no in  True expression of the legislative purpose, especially if the
force in this country, save only insofar as it is founded on construction is followed for a considerable period of time.
sound principles applicable to local conditions and is not in
conflict with existing law, nevertheless, many of the Nestle Philippines, Inc. v. CA
principles of the common law have been imported into this
 Reasons for why interpretation of an administrative agency
jurisdiction as a result of the enactment of laws and
is generally accorded great respect
establishment of institutions similar to those of the US.
o Emergence of multifarious needs of a modernizing
society
o Also relates to experience and growth of
specialized capabilities by the administrative
Conditions at time of enactment agency
 In enacting a statute, the legislature is presumed to have o They have the competence, expertness, experience
taken into account the existing conditions of things at the and informed judgment, and the fact that they
time of its enactment. frequently are the drafters of the law they interpret
 In the interpretations of a statute, consider the physical
conditions of the country and the circumstances then obtain Philippine Sugar Central v. Collector of Customs
understanding as to the intent of the legislature or as to the  Issue: whether the government can legally collect duties “as
meaning of the statute. a charge for wharfage” required by a statute upon all articles
exported through privately-owned wharves
History of the times  Held: the court reasoned in the affirmative by saying “the
 A court may look to the history of the times, examining the language of the Act could have been made more specific and
state of things existing when the statute was enacted. certain, but in view of its history, its long continuous
 A statute should not be construed in a spirit as if it were a construction, and what has been done and accomplished by
protoplasm floating around in space. and under it, w e are clearly of the opinion that the
 In determining the meaning, intent, and purpose of a law or government is entitled to have and receive the money in
constitutional provision, the history of the times of which I question, even though the sugar was shipped from a private
grew and to w hich it may be rationally s uppos ed to bear wharf
some direct relationship, the evils intended to be remedied
and the good to be accomplished are proper subjects of Weight accorded to usage and practice
inquiry.  Common usage and practice under the statute, or a course of
 Law being a manifestation of social culture and progress conduct indicating a particular undertaking of it, especially
must be interpreted taking into consideration the stage of where the usage has been acquiesced in by all the parties
such culture and progress including all the concomitant concerned and has extended over a long period of time.
circumstances.
  Optimus interpres rerum usus – the best interpretation of the  It is an invaluable aid in the construction or interpretation of
law is usage. statutes of doubtful meaning.
 Stare decisis et non quieta movere – one should follow past
precedents and should not disturb what has been settled.
 Supreme Court has the constitutional duty not only of
Construction of rules and regulations interpreting and applying the law in accordance with prior
 This rule-making power, authorities sustain the principle that doctrines but also of protecting society from the
the interpretation by those charged with their enforcement is improvidence and wantonness wrought by needless
entitled to great weight by the court in the latter’s upheavals in such interpretations and applications
construction of such rules and regulations.  In order that it will come within the doctrine of stare decisis,
must be categorically stated on an issue expressly raised by
Reasons why contemporaneous construction is given much weight the parties; it must be a direct ruling, not merely an obiter
 It is entitled to great weight because it comes from the dictum
particular branch of government called upon to implement  Obiter dictum – opinion expressed by a court upon s ome
the law thus construed. question of law which is not necessary to the decision of the
 Are presumed to have familiarized themselves with all the case before it; not binding as a precedent
considerations pertinent to the meaning and purpose of the  The principle presupposes that the facts of the precedent and
law, and to have formed an independent, conscientious and the case to which it is applied are substantially the same.
competent expert opinion thereon  Where the facts are dissimilar, then the principle of stare
decisis does not apply.
 The rule of stare decisis is not absolute. It does not apply
when there is a conflict between the precedent and the law.
When contemporaneous construction disregarded  The duty of the court is to forsake and abandon any doctrine
 When there is no ambiguity in the law. or rule found to be in violation of law in force
 If it is clearly erroneous, the same must be declared null and  Inferior courts as well as the legislature cannot abandon a
void. precedent enunciated by the SC except by way of repeal or
amendment of the law itself
Erroneous contemporaneous construction does not preclude correction
nor create rights; exceptions CHAPTER FOUR: Adherence to, or departure from, language of
 The doctrine of estoppel does not preclude correction of the statute
erroneous construction by the officer himself by his
successor or by the court in an appropriate case. LITERAL INTERPRETATION
 An erroneous contemporeaneous construction creates no
vested right on the part of those relied upon, and followed Literal meaning or plain-meaning rule
such construction.  General rule: if statute is clear, plain and free from
ambiguity, it must be given its literal meaning and applied
Legislative interpretation without attempted interpretation
 Take form of an implied acquiescence to, or approval of, an o Verba legis
executive or judicial construction of a statute. o Index animi sermo – speech is the index of
 The legislature cannot limit or restrict the power granted to intention
the courts by the constitution. o Words employed by the legislature in a statute
correctly express its intent or will
Legislative approval
o Verba legis non est recedendum – from the words
 Legislative is presumed to have full knowledge of a
of a statute there should be no departure
contemporaneous or practical construction of a statute by an
o Thus, what is not clearly provided in the law
administrative or executive officer charged with its
enforcement. cannot be extended to those matters outside its
 The legislature may approve or ratify such contemporaneous scope
construction.  Judicial legislation – an encroachment upon legislative
prerogative to define the wisdom of the law
 May also be showmen by the legislature appropriating
money for the officer designated to perform a task pursuant o Courts must administer the law as they find it
to interpretation of a statute. without regard to consequences
 Legislative ratification is equivalent to a mandate.
National Federation of Labor v. NLRC
Reenactment  Employees were claiming separation pay on the basis of Art.
283 Labor Code which states that “employer MAY also
 Most common act of approval.
terminate the employment of an employee” for reasons
 The re-enactment of a statute, previously given a
therein by serving notice thereof and paying separation pay
contemporaneous construction is persuasive indication of the
to affected employees
adoption by the legislature of the prior construction.
 There was compulsory acquisition by the government of the
 Re-enactment if accorded greater weight and respect than the
employer’s land (Patalon Coconut Estate) for purposes of
contemporaneous construction of the statute before its
agrarian reform which forced the employer to cease his
ratification.
operation
Stare decisis  Issue: whether or not employer is liable for separation pay?
 Judicial interpretation of a statute and is of greater weight  Held: NO, employer is not liable for separation pay!
than that of an executive or administrative officer in the o It is a unilateral and voluntary act by the employer
construction of other statutes of similar import. if he wants to give separation pay
 o This is gleaned from the wording “M A Y ” in the o Legislative intent is also shown by the
statute deliberations on the bill that became RA 6735…
o “MAY” denotes that it is directory in nature and (there are 4 more reasons – see page 130-131,
generally permissive only which are not so important)
o Plain-meaning rule is applicable  Interpretation of RA 6735 was not in keeping with the
o Ano yun, ipapasara ng government tapos maxim interpretation fienda est ut res magis valeat quam
magbabayad pa ang employer ng separation pay?!? pereat – that interpretation as will give the thing efficacy is
Ang daya-daya! Lugi na nga si employer, kikita pa to be adopted
si employee?!? Unfair! Cannot be! No! No!
o To depart from the meaning expressed by the What is within the spirit is within the law
 Don’t literally construe the law if it will render it
words is to alter the statute, to legislate and not
meaningless, lead to ambiguity, injustice or contradiction
interpret
o Maledicta est exposition quae corrumpit textum –  The spirit of the law controls its letter
dangerous construction which is against the text  Ratio legis – interpretation according to the spirit or reason
of the law
Dura lex sed lex  Spirit or intention of a statute prevails over the letter
 Dura lex sed lex – the law may be harsh but it is still the law  A law should accordingly be so construed as to be in
accordance with, and not repugnant to, the spirit of the law
 Absoluta sentential expositore non indigent – when the
language of the law is clear, no explanation of it is required  Presumption: undesirable consequences were never intended
 When the law is clear, it is not susceptible of interpretation. by a legislative measure
It must be applied regardless of who may be affected, even if
it may be harsh or onerous Literal import must yield to intent
 Hoc quidem perquam durum est, sed ital ex scripta est – it is  Verba intentioni, non e contra, debent inservire – words
exceedingly hard but so the law is written ought to be more subservient to the intent and not the intent
to the words (ahhh parang intent is to woman as word is to
 A decent regard to the legislative will shoud inhibit the court
man – so man is subservient to woman… logical!)
from engaging in judicial legislation to change what it thinks
are unrealistic statutes that do not conform with ordinary  Guide in ascertaining intent – conscience and equity
experience or practice (respeto nalang sa ating mga  So it is possible that a statute may be extended to cases not
mambabatas! Whatever?!? Haha joke only) within the literal meaning of its terms, so long as they come
 If there is a need to change the law , amend or repeal it, within its spirit or intent
remedy may be done through a legislative process, not by
judicial decree Limitation of rule
 Where the law is clear, appeals to justice and equity as  Construe (intent over letter) only if there is ambiguity!
justification to construe it differently are unavailing –
Philippines is governed by CIVIL LAW or POSITIVE Construction to accomplish purpose
LAW, not common law  PURPOSE or REASON which induced the enactment of the
 Equity is available only in the absence of law and not its statute – key to open the brain of the legislature/ legislative
replacement – (so, pag may law, walang equity equity! Pero intent!
pag walang law, pwedeng mag-equity, gets?!?... important  Statutes should be construed in the light of the object to be
to!) achieved and the evil or mischief to be suppressed
 Aequitas nunquam contravenit legis – equity never acts in  As between two statutory interpretations, that which better
contravention of the law serves the purpose of the law should prevail

DEPARTURE FROM LITERAL INTERPRETATION Sarcos v. Castillo

 This case explains why legislative purpose to determine
Statute must be capable of interpretation, otherwise inoperative legislative intent
 If no judicial certainty can be had as to its meaning, the court  Frankfurter
is not at liberty to supply nor to make one o Legislative words are not inert but derived vitality
from the obvious purposes at which they are aimed
Santiago v. COMELEC o Legislation – working instrument of government
 In this case, the Court adopted a literal meaning thus, and not merely as a collection of English words
concluded that RA 6735 is inadequate to implement the  Benjamin Natham Cardozo
power of the people to amend the Constitution (initiative on o Legislation is more than a composition
amendments) for the following reasons: o It is an active instrument of government which
o Does not suggest an initiative on amendments on means that laws have ends to be achieved
to the Constitution because it is silent as to  Holmes
amendments on the Constitution and the word o Words are flexible
“Constitution” is neither germane nor relevant to o The general purpose is a more important aid to the
said section
meaning than any rule which grammar or formal
o Does not provide for the contents of a petition for
logic may lay down
initiative on the Constitution o Courts are apt to err by sticking too closely to the
o Does not provide for subtitles for initiative on the
words of law where those words import a policy
Constitution
that goes beyond them
o RA is incomplete and does not provide a sufficient
standard Soriano v. Offshore Shipping and Manning Corp
 Justice Puno (ano?!? Justice Tree?!) dissents:  A literal interpretation is to be rejected if it would be unjust
or lead to absurd results
  So ano na?!?
Illustration of rule
Godines v. CA
King v. Hernandez  Patent Law – grants the patentee the exclusive right to make,
 Issue: whether or not a Chinese (parang si RA and Serge) use, and sell his patented machine, article or product xxx
may be employed in a non-control position in a retail  Doctrine of equivalents – when a device appropriates a prior
establishment, a wholly nationalized business under RA invention by incorporating its innovative concept, and albeit
1180 Retail Trade Law (btw, wala na tong law na ‘to. It has with some modification and change, performs substantially
been repealed by the Retail Trade Liberalization A ct – my the same function in substantially the same way to achieve
thesis! ) substantially the same result (ano ba ‘to?!? Puro
 Held: No! (kasi duduraan ka lang ng mga intsik! Joke only!) substantially?)
the law has to be construed with the Anti-Dummy Law –
prohibiting an alien from intervening in the management, Planters Association of Southern Negros, Inc. v. Ponferrada
operation, administration or control thereof  2 apparently conflicting provisions should be construed as to
 When the law says you cannot employ such alien, you realize the purpose of the law
cannot employ an alien! The unscrupulous alien may resort  The purpose of the law is to INCREASE the worker’s
to flout the law or defeat its purpose! (maggulang daw mga benefits
intsik… ultimo tubig sa pasig river, which is supposed to be  Benefits under RA 6982 shall be IN ADDITION to the
free, bottles it and then sells it! Huwat?!?) benefits under RA 809 and PD 621
 It is imperative that the law be interpreted in a manner that  “Substituted” cannot be given literal interpretation
would stave off any attempt at circumvention of the
legislative purpose When reason of law ceases, law itself ceases
 The reason which induced the legislature to enact a law is the
Bustamante v. NLRC heart of the law
 Issue: how to compute for backwages to which an illegally  Cessante ratione legis, cessat et ipsa lex – when the reason of
dismissed employee would be entitled until his actual the law ceases, the law itself ceases
reinstatement (take note of this case.. it’s a labor case… kiliti  Ratio legis est anima – reason of the law is its soul
ni Golangco)
 3 ways: Peo v. Almuete
o 1st – before Labor Code – to be deducted from the  Agricultural Tenancy Act is repealed by the Agricultural
amount of backwages is the earnings elsewhere Land Reform Code
during the period of illegal dismissal  Agricultural Tenancy Act – punishes prereaping or
prethreshing of palay on a date other than that previously set
o 2 n d – Labor Code Art. 279 – the amount of without the mutual consent of the landlord and tenant
backwages is fixed without deductions or o Share tenancy relationship
qualifications but limited to not more than 3 years
 Agricultural Land Reform Code – abolished share tenancy
o 3rd – amended Art. 279 – full backwages or without relationship, thus does not punish prereaping or prethreshing
deductions from the time the laborer’s of palay on a date other than that previously set without the
compensation was withheld until his actual mutual consent of the landlord and tenant anymore
reinstatement o Leasehold system
 The clear legislative intent of the amendment in RA 6715
(Labor Code) is to give more benefits to workers than was Commendador v. De Villa
previously given them under the Mercury Drug rule or the 1st  Issue: whether PD 39, which withdrew the right to
way peremptorily challenge members of a military tribunal, had
been rendered inoperative by PD 2045 proclaiming the
US v. Toribio termination of a state of martial law
 The prohibition of the slaughter of carabaos for human  Held: YES! The termination of the martial law and the
consumption so long as these animals are fit for agricultural dissolution of military tribunals created thereunder, the
work/ draft purposes was a “reasonable necessary limitation” reason for the existence of PD 39 ceased automatically and
on private ownership the decree itself ceased
 Purpose or object of the law – to protect large cattle against
theft and to make easy recovery and return of such cattle to Vasquez v. Giap
their owners, when lost, strayed or stolen  Where the mischief sought to be remedied by a statute has
 Issue: whether the slaughter of large cattle outside the already been removed in a given situation, the statute may no
municipal slaughterhouse without a permit by the municipal longer apply in such case
treasurer is prohibited?  The law bans aliens from acquiring and owning lands, the
 Held: YES! Outside or inside without permit is prohibited purpose is to preserve the nation’s lands for future
generations of Filipinos
Bocobo v. Estanislao  A sale of land in favor of an alien, in violation of the said
 Issue: whether the CFI and a municipal court in the capital of law, no longer be questioned after the alien becomes a
a province have concurrent jurisdiction over the crime of Filipino citizen
libel Supplying legislative omission
 RPC – grants jurisdiction with CFI  xxx if it is clearly ascertainable from the CONTEXT!
 Judiciary Act grants jurisdiction with the municipal court in  May supply legislative omission to make the statute conform
the capital of a province in offenses where the penalty is not to obvious intent of the legislature or to prevent the act from
more than prission correctional or fine not exceeding being absurd
6,000Php (penalty for libel)  Note: differentiate from judicial legislation
  The day of the commission of the
violation
Correcting clerical errors  From the time of discovery AND
 As long as the meaning intended is apparent on the face of institution of judicial proceedings for
the whole enactment and no specific provision is abrogated investigation and punishment
 This is not judicial legislation  But the prevailing rule is that prescriptive period is tolled
upon the institution of judicial proceedings – an act of grace
Illustration rule by the State
 Court held that the phrase “institution of judicial proceedings
Rufino Lopez & Sons, Inc. v. CTA for its investigation and punishment” may be either
 Court change the phrase “collector of customs” to disregarded as surplusage or should be deemed preceded by
“commissioner of customs” to correct an obvious mistake in the word “until”
law
 Sec 7 – “commissioner of customs” – grants the CTA Oliveros v. Villaluz
jurisdiction to review decisions of the Commissioner of  Issue: whether or not the suspension order against an elective
Customs official following an information for violation of the Anti-
 Sec 11 – “collector of customs” – refers to the decision of the Graft law filed against him, applies not only to the current
Collector of Customs that may be appealed to the tax court term of office but also to another term if the accused run for
 “Commissioner” prevails – Commissioner of Customs has reelection and won
supervision and control over Collectors of Customs and the  Sec 13 of the Anti-Graft Law – suspension unless acquitted,
decisions of the latter are reviewable by the Commissioner of reinstated!
Customs  Held: only refers to the current term of the suspended officer
(and not to a future unknown and uncertain new term unless
Lamp v. Phipps supplemented by a new suspension order in the event of
 “Ordinary COURTS of law” to “Ordinary COURSE of law” reelection) for if his term shall have expired at the time of
acquittal, he would obviously be no longer entitled to
Farinas v. Barba reinstatement; otherwise it will lead to absurdities
 Issue: who is the appointing power to fill a vacancy created
by the sanggunian member who did not belong to any Peo v. Yu Hai
political party, under the provision of the Local Government  Issue: when does a crime punishable by arresto menor
Code prescribe?
 “local chief executive” – a misnomer  State says 10 years as provided for in Art 90 RPC
 It should be “authorities concerned” o Art. 26 (correctional offenses) – max fine of
 Because the President is not a “local chief executive” but 200Php – correctional penalty – prescribes in 10
under Sec. 50 of the Local Government Code, the “President, years (Art. 90)
Governor, M ayor have the executive power to appoint in  Court held that this is not right!!!! It is wrong!
order to fill vacancies in local councils or to suspend local o Art. 9 (light offenses) – not more than 200Php –
officials light felonies – 2 months
o 1Php makes a difference of 9 years and 10 months!
Qualification of rule (of correcting clerical errors) (huwat?!?)
 Only those which are clearly clerical errors or obvious o Arresto mayor (correctional penalty) prescribes in
mistakes, omissions, and misprints; otherwise, is to rewrite 5 years
the law and invade the domain of the legislature, it is judicial o Less grave – prescribe even shorter
legislation in the guise of interpretation
o Also, prescriptive period cannot be ascertained not
Construction to avoid absurdity until the court decides which of the alternative
penalties should be imposed – imprisonment ba or
 Reason: it is always presumed that the legislature intended
fine lang… yun lang po!
exceptions to its language which would avoid consequences
of this character
Peo v. Reyes
 Thus, statutes may be extended to cover cases not within the
 Dangerous Drugs Act
literal meaning of the terms if their exact and literal import
would lead to absurd or mischievous results  RA 7659
 Interpretation talis in ambiguis simper fienda est ut evitetur o X < 200 grams – max penalty is reclusion perpetua
inconveniens et absurdum – where there is ambiguity, such o X > 200 grams – min penalty is reclusion
interpretation as will avoid inconvenience and absurdity is to perpetua
be adopted  Court ruled that:
 Courts test the law by its results – if law appears to be o X < 200 grams – penalty ranging from prision
arbitrary, courts are not bound to apply it in slavish correctional to reclusion temporal
disobedience to its language  134-199grams – reclusion temporal
 Courts should construe a statute to effectuate, and not to  66-133 – prison mayor
defeat, its provisions; nor render compliance with its  Less than 66 grams – prision correcional
provisions impossible to perform  StatCon – duty of the court to harmonize conflicting
provisions to give effect to the whole law; to effectuate the
Peo v. Duque intention of legislature
 Surplusage!!!
 Sec. 2 of Act No. 3326 – prescription of offenses
o Prescription shall begin to run from Malonzo v. Zamora
  Contention: the City Counsel of Caloocan cannot validly  “processes” in the proclamation that “all laws regulations
pass an ordinance appropriating a supplemental budget for and processes” of the so-called RP during the Japanese
the purpose of expropriating a certain parcel of land, without occupation of the country “are null and void and without
first adopting or updating its house rules of procedure within legal effect” MAY NOT be construed to embrace JUDICIAL
the first 90 days following the election of its members, as PROCESSES as this would lead to great inconvenience and
required by Secs. 50 and 52 of the LGC public hardship and public interest would be endangered
 Court said this is absurd!!!! Contention is rejected! o Criminals freed
o Adoption or updating of house rules would o Vested right, impaired
necessarily entail work… local council’s hands
were tied and could not act on any other matter if Construction in favor of right and justice
we hold the absurd contention!  Art. 10 CC: In case of doubt in the interpretation or
o So much inconvenience! Shiox! And this could not
application of laws, it is presumed that the law-making body
have been intended by the law intended right and justice to prevail
 Art. 9 CC: The fact that a statute is silent, obscure, or
Construction to avoid injustice insufficient with respect to a question before the court will
 Presumption – legislature did not intend to work a hardship not justify the latter from declining to render judgment
or an oppressive result, a possible abuse of authority or act of thereon
oppression, arming one person with a weapon to impose  In balancing conflicting solutions, that one is perceived to tip
hardship on the other the scales which the court believes will best promote the
 Ea est accipienda interpretation quae vitio caret – that public welfare is its probable operation as a general rule or
interpretation is to be adopted w hich is free from evil or principle
injustice
Salvacion v. BSP
Amatan v. Aujero  Greg Bartelli raped his alleged niece 10 times and detained
 Rodrigo Umpad was charged with homicide her in his apartment for 4 days
 Pursuant to some provision in criminal procedure, he entered  Court gave a favorable judgment of more than 1MPhp
into a plea bargaining agreement, which the judge approved  BSP rejected the writ of attachment alleging Sec 113 of the
of, downgrading the offense charge of homicide to attempted Central Bank Circular No. 960 (applicable to transient
homicide to which Umpad pleaded guilty thereto. foreigners)
 Hello?!? Namatay na nga tapos attempted lang?!?
 Issue: whether the dollar bank deposit in a Philippine bank of
Mababaliw ako sayo, judge, whoever you are!!! a foreign tourist can be attached to satisfy the moral damages
 Fiat justicia, ruat coelum – let the right be done, though the awarded in favor of the latter’s 12-year-old rape victim
heavens fall (ano daw?!?)
 BSP did not honor the writ of attachment pursuant to
 Stated differently, w hen a provision of the law is silent or RA6426 Sec 8 – “foreign currency deposits shall be exempt
ambiguougs, judges ought to invoke a solution responsive to
from attachment, garnishment, or any other order or process
the vehement urge of conscience (ahhh… ano daw ulit?!?) of any court, legislative body, government agency or any
administrative body whatsoever”
Peo v. Purisima  Court held that: A N O BA ?!? N a-rape na nga ayaw pang
 It was contended that PD 9(3) – is a malum prohibitum; thus magbayad ng moral damages dahil lang sa isang silly law?!?
intent to use such prohibited weapons is immaterial by (hehe.. joke lang.. I’m so bored na eh!)
reason of public policy o Court applied the principles of right and justice to
 Court said that use the preamble to construe such act whether prevail over the strict and literal words of the
penalized or not statute
 Moreover the court said that legislature did not intend o The purpose of RA 6426 to exempt s uch assets
injustice, absurdity and contradiction
from attachment: at the time the said law was
 Court gave an example… enacted, the country’s economy was in a shambles.
o S o if I borrow ed a bolo then I return this to my But in the present time it is still in shambles... hehe
lender, then in the course or my journey I’m joke lang… but in the present time, the country has
caught, I’m penalized under the Decree for 5-10 recovered economically. No reason why such
years imprisonment! (ang labo naman!) assets cannot be attached especially if it would
satisfy a judgment to award moral damages to a
Ursua v. CA 12-year-old rape victim!
 Issue: whether or not the isolated use, at one instance, of a
name other than a person’s true name to secure a copy of a Surplusage and superfluity disregarded
document from a government agency, constitutes violation  Where a w ord, phras e or claus e in a statute is devoid of
of CA 142 – Anti-alias Law meaning in relation to the context or intent of the statute, or
 Held: NO! (isang beses lang naman eh.. hehehe joke lang!) where it suggests a meaning that nullifies the statute or
o The purpose of the Anti-alias Law is to prevent renders it without sense, the word, phrase or clause may be
confusion and fraud in business transactions rejected as surplusage and entirely ignored
o Such isolated use of a different name is not  Surplusagium non noceat – surplusage does not vitiate a
prohibited by the law; otherwise, injustice, statute
absurdity and contradiction will result  Utile per inutile non vitiatur – nor is the useful vitated by the
non-useful
Construction to avoid danger to public interest
Demafiles v. COMELEC
Co Kim Cham v. Valdez Tan Keh  Issue: whether a pre-proclamation election case has become
 Sa Consti ‘to ah! La lang… hehe (yihee, Serge!) moot because the proclaimed winner had immediately taken
 his oath pursuant to Sec 2 RA 4870 which provides that the  Where time constraint and the surrounding circumstances
“first mayor, vice-mayor and councilors of the municipality make it impossible or the COMELEC to conduct special
of Sebaste shall be elected in the next general elections for registration of voters, the COMELEC cannot be faulted for
local officials and shall have qualified” refusing to do so, for the law does not require the impossible
 It was contended that “shall have qualified” begins to be done; there is no obligation to ho the impossible thing
immediately after their proclamation!  COMELEC’s decision is sustained
 Court held that this is wrong!
o The said phrase is a jargon and does not warrant Number and gender of words
the respondent’s reading that the term of office of  When the context of a statute so indicates, words in plural
the first municipal officials of Sebaste begins include the singular, and vice versa.
immediately after their proclamation  A plural word in a statute may thus apply to a singular
o The King in ‘Alice in Wonderland’: if there is no person or thing, just as a singular word may embrace two or
meaning in it, that saves a world of trouble, you more persons or things
know, as we need not try to find any  Art. 996 CC – (law on succession) such article also applies
o Apply the general rule when such term begin – the to a situation w here there is only one child because
term of municipal officials shall begin on the 1st “children” includes “child”
day of January following their election  Election Code – “candidate” comprehends “some
candidates” or “all candidates”
Redundant words may be rejected  On gender – the masculine, but not the feminine, includes all
 Self-explanatory, ano buzzzz?!? genders, unless the context in which the word is used in the
statute indicates otherwise
Obscure or missing word or false description may not preclude
construction IMPLICATIONS
 Falsa demonstration non nocet, cum de corpore constat –
false description does not preclude construction nor vitiate Doctrine of necessary implication
the meaning of the statute which is otherwise clear  So-called gaps in the law develop as the law is enforced
 StatCon rule: to fill in the gap is the doctrine of necessary
Exemption from rigid application of law implication
 Ibi quid generaliter conceditur – every rule is not without an  Doctrine states that what is implied in a statute is as much a
exception part thereof as that which is expressed
 Inest haec exception, si non aliquid sit contras jus basque –  Ex necessitate legis – from the necessity of the law
where anything is granted generally, this exception is  Every statutory grant of power, right or privilege is deemed
implied to include all incidental power, right or privilege
 Compelling reasons may justify reading an exception to a  In eo quod plus sit, simper inest et minus – greater includes
rule even where the latter does not provide any; otherwise the lesser
the rigor of the law would become the highest injustice –  Necessity –
summum jus, summa injuria o includes such inferences as may be logically be
drawn from the purpose or object of the statute,
Law does not require the impossible from what the legislature must be presumed to
 N emo tenetur ad impos s ible – the law obliges no one to have intended, and from the necessity of making
perform an impossibility the statute effective and operative
 Impossibilium nulla obligation est – no obligation to do an o excludes what is merely plausible, beneficial, or
impossible thing desirable
 Impossible compliance versus Substantial compliance (as  must be consistent with the Constitution or to existing laws
required by law)  an implication which is violative of the law is unjustified or
unwarranted
Lim co Chui v Posadas
 Publication in the Official Gazette weekly, for three times Chua v. Civil Service Commission
and consecutively, to acquire jurisdiction over naturalization  Issue: whether a coterminous employee, or one whose
case appointment is co-existent with the duration of a government
 It was an impossibility to fulfill such requirement as the OG project, w ho has been employed as such for more than 2
was not, at the time, published weekly years, is entitled to early retirement benefits under Sec 2 RA
 Thus, Court held that compliance with the other 2 6683
requirements would be deemed sufficient to acquire  Court held that YES, Chua is entitled!
jurisdiction over the naturalization case o A coterminous employee is no different from a
casual or temporary employee, and by necessary
Akbayan v. COMELEC implication, the inclusion of the latter in the class
 This case is about the statutory grant of stand-by power to of government employees entitled to the benefits
the COMELEC as provided for in Sec. 28 RA 8436 of the law necessarily implies that the former
 Petitioners were asking the respondent to exercise such should also be entitled to such benefits
power so as to accommodate potential voters who were not o Wrong application of the maxim “expresio
able to register for the upcoming election uniusest exclusion alterius”
 COMELEC denied the petition alleging the impossibility of
late registration to accommodate potential voters Remedy implied from a right
 Court ruled that the provision must be given such  U bi jus, ibi remedium - w here there is a right, there is a
interpretation that is in accordance with logic, common remedy for violation thereof
sense, reasonableness and practicality  Right -> Obligation -> Remedy
  The fact that the statute is silent as to the remedy does not o E.g. the power granted the NHA to hear and decide
preclude him from vindicating his right, for such remedy is claims involving refund and any other claims filed
implied from such right xxx, include attorney’s fees and other damages
 Once a right is established, the way must be cleared for its
enforcement, and technicalities in procedure, judicial as well Grant of power includes incidental power
as administrative, must give way  Where a general power is conferred or duty enjoined, every
 Where there is “wrong,” (deprivation or violation of a right) particular pow er necessary for the exercise of one or the
there is a remedy performance of the other is also conferred
 If there’s no right, principle does not apply  The incidental powers are those which are necessarily
included in, and are therefore of lesser degree than the power
Batungbakal v National Development Co granted
 Petitioner w as suspended and removed from office which o Examples
proved to be illegal and violative not only of the  Power to establish an office includes
Administrative Code but of the Constitution itself authority to abolish it, unless xxx
 Court ruled that to remedy the evil and wrong committed,  Warrant issued shall be made upon
there should be reinstatement and payment of backwages, probable cause determined by the judge
among other things xxx implies the grant of power to the
 However, there was a legal problem as to his reinstatement, judge to conduct preliminary
for when he was suspended and eventually dismissed, investigations
somebody was appointed to his position  Power to approve a license includes by
 Issue: whether remedy is denied petitioner implication the power to revoke it
 Held: position was never “vacant”. Since there is no  Power to revoke is limited by
vacancy, the present incumbent cannot be appointed the authority to grant license,
permanently. The incumbent is only holding a temporary from which it is derived
position. Moreover, the incumbent’s being made to leave the  P ow er to deport includes the pow er to
post to give way to the employee’s superior right may be arrest undesirable aliens after
considered as removal for cause investigation
 Power to appoint vested in the President
Grant of jurisdiction includes the power to make temporary
 Conferred only by the Constitution or by statute appointments , unless xxx
 Cannot be conferred by the Rules of Court  Power to appropriate money includes
 Cannot be implied from the language of a statute, in the power to withdraw unexpended money
absence of clear legislative intent to that effect already appropriated
 Etc… see page 171-172
Pimentel v. COMELEC
 COMELEC has appellate jurisdiction over election cases Grant of power excludes greater power
filed with and decided by the RTC involving municipal  The principle that the grant of power includes all incidental
elective officials DOES NOT IMPLY the grant of authority powers necessary to make the exercise thereof effective
upon the COMELEC to issue writs of certiorari, prohibition implies the exclusion of those which are greater than that
or mandamus concerning said election cases conferred
o Power of supervision DOES NOT INCLUDE
Peo v. Palana power to suspend or removal
 Statute grants a special court jurisdiction over criminal cases o Power to reorganize D O ES N O T INCLUDE the
involving offenders under 16 at the time of the filing of the authority to deprive the courts certain jurisdiction
action, a subsequent statute defining a youthful offender as and to transfer it to a quasi-judicial tribunal
one who is over 9 but below 21 years of age may not be so o Power to regulate business DOES NOT INCLUDE
construed as to confer by implication upon said special court power to prohibit
the authority to try cases involving offenders 16 but below
21 years of age What is implied should not be against the law
 Power to appoint includes power to suspend or remove –
What may be implied from grant of jurisdiction
o Constitutional restriction of CIVIL SERVICE
 The grant of jurisdiction to try actions carries w ith it all
EMPLOYEES, that it must be a cause provided for
necessary and incidental powers to employ all writs,
by law precludes such implication (unless the
processes and other means essential to make its jurisdiction
effective appointment was made outside the civil service
law
 Where a court has jurisdiction over the main cause of action,
it can grant reliefs incidental thereto, even if they w ould  Power to appoint a public officer by the President includes
otherwise be outside its jurisdiction power to remove
o E.g. forcible entry and detainer is cognizable in o Provided that such removal is made with just cause
M TC… MTC can order payment of rentals even o Except is such statute provides that term of office
though the amount exceeds the jurisdictional to be at the pleasure of the appointing officer,
amount cognizable by them, the same merely power to appoint carries with it power to remove
incidental to the principal action anytime
 Statutes conferring jurisdiction to an administrative agency  Power to investigate officials D O ES N O T INCLUDE the
must be liberally construed to enable the agency to discharge power to delegate the authority to take testimony of
its assigned duties in accordance with the legislative purpose witnesses whose appearance may be required by the
compulsory process of subpoena. Nor does such power to
 investigate include the power to delegate the authority to Peoples Bank and Trust Co. v. PNB
administer oath  Where a statute prohibits the payment of the principal
obligation during a fixed period, the interest thereon during
Authority to charge against public funds may not be implied the existence of the restriction is not demandable
 It is well-settled that unless a statute expressly so authorizes,
no claim against public funds may be allowed Cruz v. Tantuico
o Statute grants leave privileges to APPOINTIVE  Law exempts retirement benefits of a public officer or
officials, this cannot be construed to include employee from attachment, garnishment etc
ELECTIVE officials  Earlier law authorizes the government to withhold an amount
o “employer” to pay 13th month pay, does not imply due such officer or employee to pay his indebtedness to the
that it includes “government government SHOULD NOT BE CONSTRUED to withhold
so much of his retirement benefits as this amount to
attachment garnishment etc.
Illegality of act implied from prohibition
 In pari delicto potior est conditio defendentis - where a Tantuico, Jr. v Domingo
statute prohibits the doing of an act, the act done in violation  Law exempts retirement benefits of a public officer or
thereof is by implication null and void employee from attachment, garnishment etc
 Prohibited act cannot serve as foundation of a cause of action  Government cannot withhold payment of retirement benefits
for relief of a public officer until his accountabilities w ith the
 Ex dolo malo non oritur actio – no man can be allowed to government shall have been cleared, as such action is doing
found a claim upon his own wrongdoing or inequity indirectly what the government is prohibited from doing
directly
 Nullus coomodum capere potest de injuria sua propria – no
man should be allowed to take advantage of his own wrong
There should be no penalty from compliance with law
 Public policy requires that parties to an act prohibited by
statute be left where they are, to make the statute effective  A person who complies with what a statute requires cannot,
by implication, be penalized thereby
and to accomplish its object
o Party to an illegal contract cannot come to court of  For “simple logic and fairness and reason cannot
law and ask that his illegal object be carried out countenance an exaction or a penalty for an act faithfully
o A citizen who sold his land to an alien in violation done in compliance with the law” 
of the constitutional restriction cannot annul the
same and recover the land, for both seller and
buyer are guilty of having violated the Constitution

Two (2) Exceptions to the rule

 Pari delicto doctrine will not apply when its enforcement or
application will violate an avowed fundamental policy or
public interest CHAPTER FIVE: Interpretation of words and phrases
Delos Santos v. Roman Catholic Church IN GENERAL
 Homestead Law – to give and preserve in the homesteader
and his family a piece of land for his house and cultivation Generally
 The law prohibits the alienation of a homestead within 5  A word or phrase used in a statute may have an ordinary,
years following the issuance of the patent and provides that generic, restricted, technical, legal, commercial or trading
any contract of a conveyance in contravention thereof shall meaning
be null and void  M ay be defined in the s tatute – if this is done, us e s uch
 The seller or his heirs, although in pari delicto, may recover definition because this is what the legislature intended
the land subject of such illegal sale  Task:
o ascertain intent from statute
Barsobia v. Cuenco
o ascertain intent from extraneous & relevant
 Another exception is that when the transaction is not illegal circumstance
per se but merely prohibited and the prohibition by law is o construe word or phrase to effectuate such intent
designed for protection of one party, the court may grant
 General rule in interpreting the meaning and scope of a term
relief in favor of the latter used in the law:
o Review of the WHOLE law involved as well as the
What cannot be done directly cannot be done indirectly
INTENDMENT of law (not of an isolated part or a
 Quando aliquid prohibetur ex directo, prohibetur et per
particular provision alone)
obliquum – what cannot, by law, be done directly cannot be
done indirectly
Statutory definition
 When statute defines words & phrase- legislative definition
Peo v. Concepcion
controls the meaning of statutory word, irrespective of any
 Where a corporation is forbidden from doing an act, the other meaning word have in ordinary usual sense.
prohibition extends to the board of directors and to each
 Where a statute defines a word or phrase, the word or phrase,
director separately and individually
should not by construction, be given a different meaning.
 Where the board of directors is prohibited from granting
 Legislature restricted meaning as it adopted specific
loans to its director, a loan to a partnership of which the wife
definition, thus, this should be used
of a director is a partner falls within the prohibition
  Term or phrase specifically defined in particular law, has been allocated export and/or domestic & reserve sugar
definition must be adopted. quotas.
 No usurpation of court function in interpreting but it merely  Statutory definition excludes emergency, non-quota, non-
legislates what should form part of the law itself district and accommodation planters, they having no sugar
quota. However, in 1955, quota system abolished
Victorias Milling Co. v. Social Security Commission <compensation;  With change in situation, illogical to continue adhering to
RA 1161, Sec. 8(f)> previous definition that had lost their legal effect.
 “compensation” to include all renumerations, except
bonuses, allowances & overtime pay Amadora v. CA
 Definition was amended: deleted “exceptions”  However, where statute remains unchanged, interpreted
 Legislative Intent: the amendment shows legislative intent according to its clear and original mandate; until legislature
that bonuses & overtime pay now included in employee’s taking into account changes subjected to be regulated, sees
renumeration. fit to enact necessary amendment.
 Principle: by virtue of express substantial change in
phraseology, whatever prior judicial or executive Words construed in their ordinary sense
construction should give way to mandate of new law.  General rule: In the absence of legislative intent, words and
phrases should be given their plain, ordinary, and common
Peo. v. Venviaje < Chiropractic> usage meaning.
 Issue: Whether person who practiced chiropractic without  Should be read and considered in their natural, ordinary,
having been duly licensed, may be criminally liable for commonly accepted, and most obvious signification,
violation of medical law. according to good and approved usage and without resulting
 Held: Though term “practice of medicine,” chiropractic may to forced or subtle construction.
in ordinary sense fall within its meaning; statutorily defined -
includes manipulations employed in chiropractic; thus, one Central Azucarera Don Pedro v. Central Bank
who practices chiropractic without license is criminally  A statute “exempts certain importations from tax and foreign
liable. exchange, which are actually used in the manufacture or
preparation of local products, forming part thereof.”
 “Forming part thereof” not to mean that the imported
Chang Yung Fa v. Gianzon< alien> products have to be mixed mechanically, chemically,
 Issue: whether alien who comes into country as temporary materially into the local product & lose its identity.
visitor is an “immigrant?”  Means that the imported article is needed to accomplish the
 Held: while “immigrant” in ordinary definition- “an alien locally manufactured product for export.
who comes to the Philippines for permanent residence”; The
Immigration Act makes own definition of term, which is CIR v. Manila Business Lodge 761
“any alien departing from any place outside the Philippines  “business” (if unqualified) in tax statute: plain and ordinary
destined for the Philippines, other than a non-immigrant. meaning to embrace activity or affair w here profit is the
 (so kelangan part siya nung “other than a non-immigrant”.) purpose & livelihood is the motive.
-> yep yep, Serge! But more importantly, the definition  In this case, a fraternal social club selling liquor at its
emphasizes an immigrant, who is an alien, who comes to the clubhouse in a limited scale only to its members, without
Philippines either to reside TEMPORARILY or intention to obtain profit
PERMANENTLY – no distinction   Not engaged in business.

 definition of terms given weight in construction Phiippinel Association of Government Retirees v. GSIS
 terms & phrases, being part & parcel of whole statute, given < “present value”>
effect in their ENTIRTY, as harmonious, coordinated, and  Statute: “for those who are at least 65 yrs of age, lump sum
integrated unit payment of present value of annuity for the first 5 years, and
 words & phrases construed in light of context of WHOLE future annuity to be paid monthly. Provided however, that
statute. there shall be no discount from annuity for the first 5 yrs. of
those who are 65 yrs or over, on the day the law took effect.”
Qualification of rule  Vocabulary:
 Statutory definition of word or term controlling only as used o lump sum - amount of money given in single
in the Act; payment
 not conclusive as to the meaning of same word or term in o annuity - amount of money paid to somebody
other statutes yearly or at some other regular interval
 Especially to transactions that took place prior to enactment  Should there be discount from the present value of his
of act. annuity?
 Statutory definition controlling statutory words does not  NO. Used in ordinary sense as said law grants to the retired
apply when: employee substantial sum for his sustenance considering his
o application creates incongruities age. Any doubt in this law should be ruled in his favor.
o destroy its major purposes
Matuguina Integrated Wood Products Inc. v. CA
o becomes illogical as result of change in its factual  Whether transferee of a forest concession is liable for
basis. obligations arising from transferor’s illegal encroachment
into another forest concessionaire, which was committed
Ernest v. CA < RA 4166 & EO 900, 901> prior to the transfer
 “sugarcane planter” is defined as a planter-owner of  Sec. 61 of PD 705 “the transferee shall assume all the
sugarcane plantation w/in particular sugar mill district, who obligations of the transferor.”
  Court held that the transferee is NOT liable and explained:
“Obligations” construed to mean obligations incurred by Central Bank v. CA
transferor in the ordinary course of business. Not those as a  “National Government” - refers only to central government,
result of transgressions of the law, as these are personal consisting of executive, legislative and judiciary, as well as
obligations of transferor. constitutional bodies ( as distinguished from local
 Principle: Construe using ordinary meaning & avoid government & other governmental entities) Versus->
absurdity.
 “The Government of the Republic of the Philippines” or
“Philippine Government” – including central governments as
Mustang Lumber, Inc. v CA well as local government & GOCCs.
 Statute: Sec. 68 PD 705 - penalizes the cutting, gathering &
or collecting timber or other forest products without a Republic Flour Mills v. Commissioner of Customs
license.  “product of the Philippines” – any product produced in the
country, e.g. bran (ipa) & pollard (darak) produced from
 Is “lumber” included in “timber”
wheat imported into the country are “products of the
 Reversing 1st ruling, SC says lumber is included in timber. Philippines”
 “The Revised Forestry Code contains no definition of timber
or lumber. Timber is included in definition of forestry Generic term includes things that arise thereafter
products par (q) Sec.3. Lumber - same definitions as  Progressive interpretation - A word of general signification
“processing plants” employed in a statute, in absence of legislative intent, to
 Processing plant is any mechanical set-up, machine or comprehend not only peculiar conditions obtaining at its
combination of machine used for processing of logs & other time of enactment but those that may normally arise after its
forest raw materials into lumber veneer, plywood etc… p. approval as well
183.  Progressive interpretation extends to the application of
 Simply means, lumber is a processed log or forest raw statute to all subjects or conditions within its general purpose
or scope that come into existence subsequent from its
material. The Code uses lumber in ordinary common usage. passage
In 1993 ed. of Webster’s International Dictionary, lumber is
 Rationale: to keep statute from becoming ephemeral (short-
defined as timber or logs after being prepared for the market.
lived) and transitory (not permanent or lasting).
Therefore, lumber is a processed log or timber. Sec 68 of PD
705 makes no distinction between raw & processed timber.  Statutes framed in general terms apply to new cases and
subjects that arise.
General words construed generally  General rule in StatCon: Legislative enactments in general
comprehensive operation, apply to persons, subjects and
 Generalia verba sunt generaliter intelligenda - what is businesses within their general purview and scope coming
generally spoken shall be generally understood; general into existence subsequent to their passage.
words shall be understood in a general sense.
 Generale dictum generaliter est interpretandum - a general Geotina v. CA
statement is understood in a general sense  “articles of prohibited importation” - used in Tariff and
 In case word in statute has both restricted and general Customs Code embrace not only those declared prohibited at
time of adoption, but also goods and articles subject of
meaning, GENERAL must prevail; Unless nature of the
activities undertaken in subsequent laws.
subject matter & context in w hich it is employed clearly
indicates that the limited sense is intended.
Gatchalian v. COMELEC
General words should not be given a restricted
 “any election” - not only the election provided by law at that
meaning when no restriction is indicated.
time, but also to future elections including election of
 Rationale: if the legislature intended to limit the
delegates to Constitutional Convention
meaning of a word, it would have been easy for it to
have done so. Words with commercial or trade meaning
Words or phrases common among merchants and traders,
Application of rule acquire commercial meanings.
When any of words used in statute, should be given such trade or
Gatchalian v. COMELEC
commercial meaning as has been generally understood
 “foreigner”- in Election Code, prohibiting any foreigner
among merchants.
from contributing campaign funds includes juridical person
Used in the following: tariff laws, laws of commerce, laws for
 “person”- comprehends private juridical person
the government of the importer.
 “person”- in penal statute, mus t be a “person in law,” an
The law to be applicable to his class, should be construed as
artificial or natural person
universally understood by importer or trader.
Vargas v. Rillaroza
 “judge” without any modifying word or phrase
Asiatic Petroleum Co. v. CIR
accompanying it is to be construed in generic sense to
comprehend all kinds of judges; inferior courts or justices of  No tax shall be collected on articles which, before its taking
SC. effect, shall have been “disposed of”
Lay: parting away w/ something
C & C Commercial Corp v. NAWASA Merchant: to sell (this must be used)
 “government” - without qualification should be understood
in implied or generic sense including GOCCs. San Miguel Corp. v. Municipal Council of Mandaue
“gross value of money”
 Merchant: “gross selling price” w hich is the total amount of  General rule: a word or phrase repeatedly used in a statute
money or its equivalent which purchaser pays to the vendor will bear the same meaning throughout the statute; unless a
to receive the goods. different intention is clearly expressed.
 Rationale: word used in statute in a given sense presumed to
Words with technical or legal meaning be used in s ame sense throughout the law. Though rigid and
General rule: words that have, or have been used in, a technical peremptory, this is applicable where in the statute the words
sense or those that have been judicially construed to have a appear so near each other physically, particularly where the word
certain meaning should be interpreted according to the sense has a technical meaning and that meaning has been defined in
in which they have been PREVIOUSLY used, although the the statute.
sense may vary from the strict or literal meaning of the
words De la Paz v. Court of Agrarian Relations <“Riceland”>
Presumption: language used in a statute, which has a technical or  share tenancy - average produce per hectare for the 3
well-known meaning, is used in that sense by the legislature agricultural years next preceding the current harvest
 leasehold - according to normal average harvest of the 3
Manila Herald Publishing Co. v. Ramos preceding yrs
Sec 14 of Rule 59 of Rules of Court which prescribes the steps  “Year”- agricultural year not calendar year
to be taken when property attached is claimed by a person  “Agricultural year” - represents 1 crop; if in 1 calendar yr 2
other than the defendant or his agent crops are raised that’s 2 agricultural years.
 Statute: “nothing herein contained shall prevent such third
person from vindicating his claim to the property by any
proper action.” Krivenko v. Register of Deeds
 Statute: In Sec.1 , Art. XIII of 1935 Constitution - “public
 Issue: “proper action” limits the 3rd party’s remedy to agricultural lands shall not be alienated” except in favor of
intervene in the action in which the writ of attachment is Filipinos, SAME as Sec. 5 “no private agricultural land shall
issued be transferred or assigned.”
Held: “action” has acquired a well-defined meaning as an  both have same meaning being based on same policy of
“ordinary suit in a court of justice by which one party nationalization and having same subject.
prosecutes another for the enforcement or protection of a
right or prevent redress or wrong… Meaning of word qualified by purpose of statute
 Purpose may indicate whether to give word, phrase,
While… ordinary, technical, commercial restricted or expansive
Sec 2 Rule 2 of Rules of Court; “Commencement of Action” meaning.
Statute: “Civil action may be commenced by filing a complaint  In construing, court adopts interpretation that accords best
with the proper court” with the manifest purpose of statute; even disregard technical
Word: commencement - indicates the origination of entire or legal meaning in favor of construction which will
proceeding effectuate intent or purpose.
 It was appropriate to use proper action (in 1 st statute) than
intervention, since asserted right of 3rd party claimant
necessarily flows out of pending suit; if the word
‘intervention’ is used, it becomes strange.
Word or phrase construed in relation to other provisions
Malanyaon v. Lising  General rule: word, phrase, provision, should not be
 Sec. 13 of Anti-Graft Law construed in isolation but must be interpreted in relation to
 Statute: “ if a public officer is acquitted, he shall be entitled other provisions of the law.
to reinstatement and to his salaries and benefits which he  This is a V A RIA TIO N of the rule that, statute should be
failed to receive during the suspension” construed as a whole, and each of its provision must be given
 Issue: Will a public officer whose case has been dismissed effect.
not “acquitted” be entitled to benefits in Sec. 13?
 Held: No. Acquittal (legal meaning) - finding of not guilty
Claudio v. COMELEC
 Statute (LGC): “No recall shall take place within 1 yr from
based on the merit.
the date of the official’s assumption of office or 1 year
 Dismissal does not amount to acquittal except when, the immediately preceding a regular election”
dismissal comes after the prosecution has presented all its
evidence and is based on insufficiency of such evidence.  Issue: Does the 1st limitation embraces the entire recall
proceedings (e.g. preparatory recall assemblies) or only the
Rura v. Lopena recall election?
Probation law - Disqualified from probation those: “who have  Held: the Court construed “recall” in relation to Sec.69
been previously convicted by final judgment of an offense which states that, “the power of recall… shall be exercised
punished by imprisonment of not less than 1 month & a fine by the registered voters of an LGU to which the local
of no less than Php 200.” elective official belongs.”
Issue: “previously convicted”  Hence, not apply to all recall proceedings since power vested
Held: it refers to date of conviction, not date of commission of in electorate is power to elect an official to office and not
crime; thus a person convicted on same date of several power to initiate recall proceedings.
offenses committed in different dates is not disqualified.
 Word or provision should not be construed in isolation form
but should be interpreted in relation to other provisions of a
statute, or other statutes dealing on same subject in order to
How identical terms in the statute construed effectuate what has been intended.
  Statute: Phrase used in tax statute which exempts such
Garcia v. COMELEC products from payment of taxes, purpose is to encourage the
 History of statute: development of such resources.
o In the Constitution, it requires that legislature shall  Held: phrase not only includes vegetable substances but also
provide a system of initiative and referendum domestic and domesticated animals, animal products, and
whereby people can directly approve or reject any fish or bangus grown in ponds. Court gave expansive
act or law or part thereof passed by Congress or meaning to promote object of law.
local legislative body.
o Local Govt. Code, a later law, defines local Munoz & Co. v. Hord
initiative as “process whereby registered voters of  Issue: “Consumption” limited or broad meaning
an LGU may directly propose, enact, or amend any  Statute: word is used in statute which provides that “except
ordinance.” as herein specifically exempted, there shall be paid by each
 It is claimed by respondents that since merchant and manufacturer a tax at the rate of 1/3 of 1% on
resolution is not included in this gross value of money in all goods, wares and merchandise
definition, then the same cannot be sold, bartered, or exchanged for domestic consumption.
subject of an initiative.  Held: Considering the purpose of the law, which is to tax all
 Issue: whether a local resolution of a municipal council can merchants except those expressly exempted, it is reasonable
be subject to an initiative and referendum? and fair to conclude that legislature used in commercial use
 Held: We reject respondent’s narrow and literal reading of and not in limited sense of total destruction of thing sold.
above provision for it will collide with the Constitution and
will subvert the intent of the lawmakers in enacting the Mottomul v. de la Paz
provisions of the Local Government Code (LGC) of 1991 on  Issue: Whether the word “court” refers to the Court of
initiative & referendum Appeals or the trial court?
 The subsequent enactment of the LGC did not change the  Statute: RA 5343 Effect of Appeal- Appeal shall not stay the
scope of its coverage. In Sec. 124 of the same code. It states: award, order, ruling, decision or judgment unless the officer
(b) Initiative shall extend only to subjects or matters which or body rendering the same or the court, on motion, after
are within the legal powers of the Sanggunians to enact.” hearing & on such terms as it may deem just should provide
otherwise.
 This provision clearly does not limit the application of local  Held: It refers to the TRIAL COURT. If the adverse party
initiative to ordinances, but to all “subjects or matters which intends to appeal from a decision of the SEC and pending
are within the legal powers of the Sanggunians to enact, appeal desires to stay the execution of the decision, then the
which undoubtedly includes resolutions.” motion must be filed with and be heard by the SEC before
the adverse party perfects its appeal to the Court of Appeals.
Gelano v. C.A.  Purpose of the law: the need for immediacy of execution of
 In Corporation Law, authorizes a dissolved corporation to decisions arrived at by said bodies was imperative.
continue as a body corporate for 3 yrs. for the purpose of
defending and prosecuting suits by or against it, and during Meaning of term dictated by context
said period to convey all its properties to a “trustee” for
 The context in w hich the w ord or term is employed may
benefits of its members, stockholders, creditors and other
dictate a different sense
interested persons, the transfer of the properties to the trustee
being for the protection of its creditors and stockholders.  Verba accipienda sunt secundum materiam- a word is to be
 Word “trustee” - not to be understood in legal or technical understood in the context in which it is used.
sense, but in GENERAL concept which would include a
lawyer to whom was entrusted the prosecution of the cases People v. Chavez
for recovery of sums of money against corporation’s debtors.  Statute: Family home extrajudicially formed shall be exempt
from execution, forced sale or attachment, except for “non
Republic v. Asuncion payment of debts”
 Issue: Whether the Sandiganbayan is a regular court within  Word “debts” – means obligations in general.
the meaning of R.A. 6975?
Krivenko v. Register of Deeds
 Statute: RA 6975 which makes criminal actions involving  Statute: lands were classified into timber, mineral and
members of the PNP come “within the exclusive jurisdiction agricultural
of the regular courts.  Word “agricultural” – used in broad sense to include all
 Used “regular courts” & “civil courts” interchangeably lands that are neither timber, nor mineral, such being the
 Court martial - not courts within the Philippine Judicial context in which the term is used.
System; they pertain to the executive department and simply
instrumentalities of the executive power. Santulan v. Executive. Secretary.
 Regular courts - those within the judicial department of the  Statute: A riparian owner of the property adjoining foreshore
government namely the SC and lower courts which includes lands, marshy lands or lands covered with water bordering
the Sandiganbayan. upon shores of banks of navigable lakes shall have
 Held: Courts considered the purpose of the law which is to preference to apply for such lands adjoining his property.
remove from the court martial, the jurisdiction over criminal  Fact: Riparian - one who owns land situated on the banks of
cases involving members of the P N P and to vest it in the river.
courts within the judicial system.  Held: Used in a more broader sense referring to a property
having a water frontage, when it mentioned “foreshore
Molina v. Rafferty lands,” “marshy lands,” or “lands covered with water.”
 Issue: Whether “Agricultural products” includes
domesticated animals and fish grown in ponds. Peo. v. Ferrer
  (case where context may limit the meaning)
 Word: “Overthrow” Oliva v. Lamadrid
 Statute: Anti-Subversion Act “knowingly & willfully and by  Statute: allows the redemption or repurchase of a homestead
overt acts.” property w/in 5 years from its conveyance
 Rejects the metaphorical “peaceful” sense & limits its  Held: “conveyance” not distinguished - voluntary or
meaning to “overthrow” by force or violence. involuntary.

Escosura v. San Miguel Brewery Inc.

 Statute: grants employee “leaves of absence with pay”
Peo. v. Nazario  Held: “with pay” refers to full pay and not to half or less than
 Statute: Municipal tax ordinance provides “any owner or full pay; to all leaves of absence and not merely to sick or
manager of fishponds” shall pay an annual tax of a fixed vacation leaves.
amount per hectare and it appears that the owner of the
fishponds is the government which leased them to a private Olfato v. COMELEC
person who operates them  Statute: makes COMELEC the sole judge of “all pre-
 Word: “Owner” – does not include government as the proclamation controversies”
ancient principle that government is immune from taxes.  Held : “all” – covers national, provincial, city or municipal

Where the law does not distinguish Phil. British Assurance Co. v. Intermediate Apellate Court
 Ubi lex non distinguit, nec nos distinguere debemus - where  Statute: A counterbond is to secure the payment of “any
the law does not distinguish, courts should not distinguish. judgment,” when execution is returned unsatisfied
 Corollary principle: General words or phrases in a statute  Held: “any judgment” includes not only final and executory
should ordinarily be accorded their natural and general but also judgment pending appeal whose execution ordered
significance is returned unsatisfied.
 General term or phrase should not be reduced into parts and
Ramirez v. CA
one part distinguished from the other to justify its exclusion
from operation.  Statute: “Act to Prohibit & Penalize Wire Tapping and Other
related Violations of Private Communications and Other
 Corollary principle: where the law does not make any
Purposes”
exception, courts may not except something therefrom,
unless there a compelling reason to justify it.  “It shall be unlawful, not being authorized by all the parties
to any private communication or spoken word, to tap any
 Application: when legislature laid down a rule for one class,
wire or cable, or by using any other device or
no difference to other class.
arrangement…”
Presumption: that the legislature made no qualification in the
general use of a term.  Issue: Whether violation thereof refers to the taping of a
communication other than a participant to the
Robles v. Zambales Chromite Co. communication or even to the taping by a participant who
 Statute: grants a person against whom the possession of “any did not secure the consent of the party to the conversations.
land” is unlawfully withheld the right to bring an action for  Held: Law did not distinguish whether the party sought to be
unlawful detainer. penalized ought to be party other than or different from those
 Held: any land not exclusive to private or not exclusively to involved in the private communication. The intent is to
public; hence, includes all kinds of land. penalize all persons unauthorized to make any such
recording, underscored by “any”
Director of Lands v. Gonzales
 Statute: authorizes the director of lands to file petitions for Ligget & Myers Tobacco Co. v. CIR
cancellation of patents covering public lands on the ground  Statute: imposes a “specific tax” on cigarettes containing
therein provided. Virginia tobacco …. Provided that of the length exceeds 71
 Held: not distinguished whether lands belong to national or millimeters or the weight per thousand exceeds 1¼ kilos, the
local government tax shall be increased by 100%.
 Issue: whether measuring length or weight of cigars, filters
SSS v. City of Bacolod should be excluded therefrom, so that tax would come under
 Issue: exempts the payment of realty taxes to “properties the general provision and not under the proviso?
owned by RP”  Held: Not having distinguished between filter and non-filter
 Held: no distinction between properties held in sovereign, cigars, court should not distinguish.
governmental, or political capacity and those possessed in
proprietary or patrimonial character.

Velasco v. Lopez Tiu San v. Republic

 Statute: certain “formalities” be followed in order that act  Issue: whether the conviction of an applicant for
may be considered valid. naturalization for violation of a municipal ordinance would
 Held: no distinction between essential or non-essential disqualify him from taking his oath as a citizen.
formalities  Statute: An applicant may be allowed to take his oath as a
citizen after 2 years from the promulgation of the decision
Colgate-Palmolive Phils v. Gimenez granting his petition for naturalization if he can show that
 Statute: does not distinguish between “stabilizer and flavors” during the intervening period “he has not been convicted of
used in the preparation of food and those used in the any offense or violation of government rules”
manufacture of toothpaste or dental cream  Held: law did not make any distinction between mala in se
and mala prohibita. Conviction of the applicant from
 violation of municipal ordinance is comprehended within the  Statute: Sec. 40 of Commonwealth Act 61, punishes “any
statute and precludes applicant from taking his oath. individual who shall bring into or land in the Philippines or
conceals or harbors any alien not duly admitted by any
Peralta v. CSC immigration officer…
 Issue: whether provision of RA 2625, that government  does not justify giving the word a disjunctive meaning, since
employees are entitled to 15 days vacation leaves of absence the words “bring into” “land”, “conceals” and “harbors”
with full pay and 15 days sick leaves with full pay, being four separate acts each possessing its distinctive,
exclusives of Saturday, Sundays or holidays in both cases, different and disparate meaning.
applies only to those who have leave credits and not to those
who have none. CIR v. Manila Jockey Club
 Held: Law speaks of granting of a right and does not  Statute: imposes amusement taxes on gross receipts of
distinguish between those who have accumulated and those “proprietor, lessee, or operator of amusement place”
who have none.
 Held: “or” implies that tax should be paid by either
proprietor, lessee, or operator, as the case may be, single &
Pilar v. COMELEC
not by all at the same time.
 Statute: RA 7166 provides that “Every candidate shall,
within 30 days after the day of the election file xxx true and  Use of “or” between 2 phrases connotes that either phrase
itemized statement of all contributions and expenditures in
serves as qualifying phrase.
connection with the election.
 “or” means “and”, WHEN THE SPIRIT OR CONTEXT OF
 Held: Law did not distinguish between a candidate who THE LAW SO WARRANTS
pushed through and one who withdrew it.
 “Every candidate” refers to one who pursued and even to Trinidad v. Bermudez (e.g. of “or” to mean “and”)
those who withdrew his candidacy.
 Statute: Sec. 2, Rule 112 of Rules of Court authorizing
municipal judges to conduct “preliminary examination or
Sanciagco v. Rono
investigation”
 (where the distinction appears from the statute, the courts
should make the distinction)
 “or” equivalent of “that is to say”
 Statute: Sec 13 of BP Blg. 697 which provides that: “ Any
person holding public appointive or position shall ipso facto SMC v. Municipality of Mandaue (e.g. of “or” equivalent of “that is to
cease in office or position as of the time he filed his say”)
certificate of candidacy”  Ordinance: imposes graduated quarterly fixed tax
 Governors, mayors, members of various sanggunians or  “based on the gross value in money or actual market value”
barangay officials shall upon the filing of candidacy, be of articles; phrase “or actual market value” intended to
considered on forced leave of absence from office explain “gross value in money.”
 Facts: an elective Barangay. Captain was elected President of
 “or” means successively
Association of Barangay Councils and pursuant thereto  Statute: Art. 344 of the Revised Penal Code - “the offenses
appointed by the President as member of the Sanggunian
of seduction, abduction, rape or acts of lasciviousness, shall
Panlungsod. He ran for Congress but lost.
not be prosecuted except upon a complaint by the offended
 Issue: H e then w ants to res ume his duties as member of party or her parents, grandparents or guardian….”
sangguiniang panlungsod. He was merely forced on leave  Although these persons are mentioned disjunctively,
when he ran for Congress. provision mus t be construed as meaning that the right to
 Held: the Secretary of Local Government denied his request; institute a criminal proceeding is exclusively and
being an appointive sanggunian member, he was deemed successively reposed in said persons in the order mentioned,
automatically resigned when he filed his certificate of no one shall proceed if there is any person previously
candidacy. mentioned therein with legal capacity to institute the action.

Garvida v. Sales, Jr.  “And” is a conjunction pertinently defined as meaning

 Issue: whether petitioner who was over 21 but below 22 was “together with,” “joined with,” “along with,” “added to or
qualified to be an elective SK member linked to”
o Never to mean “or”
 Statute: Sec.424 of the LGC provides that a member of the
o Used to denote joinder or union
Katipunan ng Kabataan must not be 21 yrs old.
 “and/or” - means that effect s hould be give to both
 Sec. 428 as additional requirement provides that elective conjunctive and disjunctive term
official of Sangguniang Kabataan must not be more than 21 o term used to avoid construction w hich by use of
yrs. “on the day of election” disjunctive “or” alone will exclude the
 Held: the distinction is apparent: the member may be more combination of several of the alternatives or by the
than 21 years of age on election day or on the day he use of conjunctive “and” will exclude the efficacy
registers as member of Katipunan ng Kabataan. But the of any one of the alternatives standing alone.
elective official, must not be more than 21 years of age on
the day of election. ASSOCIATED WORDS

Disjunctive and conjunctive words Noscitur a sociis

 Word “or” is a disjunctive term signifying disassociation and  where a particular word or phrase is ambiguous in itself or
independence of one thing from each other. equally susceptible of various meanings, its correct
construction may be made clear and specific by considering
Peo v. Martin
 the company of words in which it is found or with which it is  Issue: Whether defamatory statements through the medium
associated. of an amplifier system constitutes slander or libel?
 to remove doubt refer to the meaning of associated or  Libel: committed by means of “writing, printing,
companion words lithography, engraving, radio, cinematographic exhibiton.”
 It is argued that “amplifier” similar to radio
Buenaseda v. Flavier  Held: No. Radio should be considered as same terms with
 Statute: Sec. 13(3), Art XI of the Constitution grants writing and printing whose common characteris tic is the
Ombudsman power to “Direct the officer concerned to take “permanent means of publication.”
appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, San Miguel Corp. v. NLRC
fine censure or prosecution.  Issue: Whether claim of an employee against his employer
 “suspension” – is a penalty or punitive measure not for cash reward or submitting process to eliminate defects
preventive in quality & taste of San Miguel product falls within
jurisdiction of the labor arbiter of NLRC?
Magtajas v. Pryce Properties Corp.  Held: No. Outside of jurisdiction. Not necessary that entire
 Stat: Sec. 458 of LGC authorized local government units to universe of money claims under jurisdiction of labor arbiter
prevent or suppress “Gambling & other prohibited games of but only those to 1.) unfair labor practices, 2.) claims
chance.” concerning terms & conditions of employment 4.) claims
 “Gambling” – refers only to illegal gambling, like other relating to household services 5.) activities prohibited to
prohibited games of chance, must be prevented or suppressed employers & employees.
& not to gambling authorized by specific statutes.  Statute: “jurisdiction of Labor Arbiters and the NLRC, as
last amended by BP Blg. 227 including paragraph 3 “all
Carandang v. Santiago money claims of workers, including hose based on
 Issue: Whether an offended party can file a separate and nonpayment or underpayment of wages, overtime
independent civil action for damages arising from physical compensation, separation pay, and other benefits provided
injuries during pendency of criminal action for frustrated by law or appropriate agreement, except claims for
homicide. employees compensation, social security, medicare and
 Statute: Art. 33 of Civil Code “in case of defamation, fraud, maternity benefits.”
& physical injuries…”
 Held: Court ruled that “physical injuries” not as one defined Ebarle v. Sucaldito
in RPC, but to mean bodily harm or injury such as physical  Statute: EO 265 outlines the procedure which complainants
injuries, frustrate homicide, or even death. charging government officials and employees with
commission of irregularities should be guided, applies to
Co Kim Chan v. Valdez Tan Keh criminal actions or complaints.
 Issue: Whether proceedings in civil cases pending in court  EO 265 – “complaints against public officials and employees
under the so called Republic of the Philippines established shall be promptly acted upon and disposed of by the officials
during the Japanese military occupation are affected by the or authorities concerned in accordance with pertinent laws
proclamation of Gen. McArthur issued on October 23, 1944 and regulations so that the erring officials and employees can
that “all laws, regulations and processes of any other be soonest removed or otherwise disciplines and the
government in the Philippines than that of the said innocent, exonerated or vindicated in like manner, and to the
Commonwealth are null and void and without legal effect.” end also that other remedies, including court action, may be
 “Processes” does not refer to judicial processes but to the pursued forthwith by the interested parties, after
executive orders of the Chairman of the Philippine administrative remedies shall have been exhausted”
Executive Committee, ordinances promulgated by the  Held: executive order does not apply to criminal actions.
President of so-called RP, and others that are of the same The term is closely overshadowed by the qualification -
class as the laws and regulations with which the word “After administrative remedies shall have been exhausted,”
“processes” is associated. which suggest civil suits subject to previous administrative
actions.
Commissioner of Customs v. Phil. Acetylene Co. Mottomul v. dela Paz
 Statute: Sec. 6 of RA 1394 provides that “tax provided for  Issue: Whether the word ‘court’ in Sec 5, Art 5434: Appeal
in Sec. 1 of this Act shall not be imposed against the shall not stay the award, order, ruling, decision or judgment
importation into the Philippines of machinery or raw unless the officer or body rendering the same or the court,
materials to be used by new and necessary industry xxx; on motion after hearing, and on such terms as it may deem
machinery equipment, spare parts, for use of industries…” just should provide otherwise. The propriety of a stay
 Issue: Is the word “industries” us ed in ordinary, generic granted by the officer or body rendering the award, order,
sense, which means enterprises employing relatively large ruling, decision or judgment may be raised only by motion
amounts of capital and/or labor? in the main case,” refers to the CA or to the Court of
 Held: Since “industries” used in the law for the 2nd time “is Agrarian Relations?
classified together” with the terms miners, mining  Held: Correct construction made clear with reference to
industries, planters and farmers, obvious legislative intent is Sec. 1 of RA 5434, where the court, officers or bodies
to confine the meaning of the term to activities that tend to whose decision, award are appealable to the Court of
produce or create or manufacture such as those miners, Appeals, enumerated as follows: Court of Agrarian
mining enterprises, planters and farmers. Relations, Sec. of Labor, Social Security Commission
 If used in ordinary sense, it becomes inconsistent and etc…; F rom grouping, the enumeration in Sec. 5 means
illogical Court of Agrarian Relations not CA.

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

  General rule: where a general word or phrase follows an  Statute: “In the case of a corporation, all losses actually
enumeration of particular and specific words of the same sustained and not charged off within the taxable year and not
class or where the latter follow the former, the general word compensated for by insurance or otherwise.”
or phrase is to be construed to include, or to be restricted to,  Contention: the assurances of responsible public officials
persons, things or cases akin to, resembling, or of the same before the end of 1945 that property owners would be
kind or class as those specifically mentioned. compensated for their losses as a result of the war sufficed to
 Purpose: give effect to both particular or general words, by place the losses within the phrase “compensated xxx
treating the particular words as indicating the class and the otherwise” than by insurance
general words as indicating all that is embraced in said  Held: Rejected! “Otherwise” in the clause “compensated for
class, although not specifically named by the particular by insurance or otherwise” refers to compensation due under
words. a title analogous or similar to insurance. Inasmuch as the
 Principle: based on proposition that had the legislature latter is a contract establishing a legal obligation, it follows
intended the general words to be used in their generic and that in order to be deemed “compensated for xxx ‘otherwise,’
unrestricted sense, it would have not enumerated the the losses s us tained by a taxpayer mus t be covered by a
specific words. judicially enforceable right, springing from any of the
 Presumption: legislators addressed specifically to the juridical sources of obligations, namely, law, contract, quasi-
particularization contract, torts, or crimes,” and not mere pronouncement of
public officials
Illustration
Cebu Institute of Technology v. Ople
Mutuc v. COMELEC  Issue: Whether teachers hired on contract basis are entitled to
 Statute: Act makes unlawful the distribution of electoral service incentive leave benefits as against the claim that they
propaganda gadgets, pens, lighters, fans, flashlights, athletic are not so?
goods, materials and the like”  Statute: Rule V of IRR of Labor Code: “This rule (on service
 Held: and the like, does not embrace taped jingles for incentive leaves) shall apply to all employees, except “filed
campaign purposes personnel and other employees whose performance is
unsupervised by the employer including those who are
Murphy, Morris & Co. v. Collector of Customs engaged on task or contract basis.”
 Statute: Dynamos, generators, exciters, and other machinery  Held: “those who were employed on task or contract basis”
for the generation of electricity for lighting or for power; should be related with “field personnel,” apply the principle,
 Held: phrase “other machinery” would not include steam clearly teachers are not field personnel and therefore entitled
turbines, pumps, condensers, because not same kind of to service incentive leave benefits.
machinery with dynamos, generators and exciters.
Cagayan Valley Enterprises v. CA
Vera v. Cuevas  Issue: whether the phrase “other lawful beverages” which
 Statute: all condensed skimmed milk and all milk in gives protection to manufacturer with the Phil. Patent Office
whatever form shall be clearly and legibly marked on its its duly s tamped or marked bottles used for “soda water,
immediate containers with words: “This milk is not suitable mineral or aerated waters, cider, milk, cream or other lawful
for nourishment for infants less than 1 year of age” beverages,” includes hard liquor?
 Held: restricts the phrase “all milk in whatever form,”  Statute title: “An Act to regulate the use of stamped or
excluded filled milk. marked bottles, boxes, casks, kegs, barrels, & other similar
containers.”
Graphilon v. Municipal Court of Cigara  Held: The title clearly shows intent to give protection to all
 Statute: the vice-mayor shall be entitled to assume the office marked bottles of all lawful beverages regardless of nature of
of the mayor during the absence, suspension or other contents.
temporary disability
 Held: anything which disables the mayor from exercising the National Power Corp. v. Angas
power and prerogatives of his office, since “their temporary  Issue: whether the term judgment, refers to any judgment
disability” follows the words “absence” and “suspension” directing the payment of legal interest.
Peo. v. Magallanes  Statute: Central Bank Circular # 416 – “by virtue of the
 Where a law grants a court exclusive jurisdiction to hear and authority granted to it under Sec. 1 of Act Number 2655, as
decide “offenses or felonies committed by public officials amended, otherwise known as Usury Law, the Monetary
and employees in relation to their office,” the phrase “IN Board in a resolution prescribed that the rate of interest for
RELATION TO THEIR OFFICE” qualifies or restricts the loan or forbearance of any money, good or credit & the rate
offense to one which cannot exist without the office, or the allowed in judgment in the absence of express contract shall
office is a constituent element of the crime defined in the be 12% per annum.
statute or one perpetuated in the performance, though  Held: Judgments should mean only judgments involving
improper or irregular, of his official functions loans or forbearance money, goods or credit, these later
specific terms having restricted the meaning “judgments” to
those s ame class or the s ame nature as those specifically
Cu Unjieng Sons, Inc. v. Bord of Tax Appeals enumerated.
 Issue: whether losses due to the war were to be deductible
from gross income of 1945 when they were sustained, or in Republic v. Migrino
1950 when Philippine War Damage Commission advised  Facts: retired military officer was investigated by the PCGG
that no payment would be made for said losses? for violation of Anti-Graft A ct in relation to EO # 1 & 2
authorizing the PCGG to recover ill-gotten wealth from the
former President’s “subordinates and close associates”
  Issue: Does PCGG have jurisdiction to investigate such o Expressio unius est exclusion alterius - The
military officer for being in service during the administration expression of one or more things of a class implies
of the former President? the exclusion of all not expressed, even though all
 Held: “Subordinates ” refers only to one who enjoys close would have been implied had none been expressed;
association or relation to the former President and his wife; opposite the doctrine of necessary implication
term “close associates” restricted the meaning of
“subordinates” Negative-opposite doctrine
 Argumentum a contrario- what is expressed puts an end to
Limitations of ejusdem generis
what is implied.
 Requisites:
o Statute contains an enumeration of particular & Chung Fook v. White
specific words, followed by general word or phrase  Statute: case exempts the wife of a naturalized American
o Particular and specific words constitute a class or from detention, for treatment in a hospital, who is afflicted
are the same kind with a contagious disease.
o Enumeration of the particular & specific words is  Held: Court denied petition for writ of habeas corpus (filed
not exhaustive or is not merely by examples by the native-born American citizen on behalf of wife
o There is no indication of legislative intent to give detained in hospital), court resorted to negative-opposite
the general words or phrases a broader meaning doctrine, stating that statute plainly relates to wife of a
 Rule of ejusdem generis, is not of universal application; it naturalized citizen & cannot interpolate “native-born”
should use to carry out, not defeat the intent of the law. citizen.
 Analysis: court’s application results to injustice (as should
US v. Santo Nino not discriminate against native-born citizens), which is not
 Statute: It shall be unlawful to for any person to carry
intent of law, should have used doctrine of necessary
implication.
concealed about his person any bowie, knife, dagger, kris or
other deadly weapon. Provided prohibition shall not apply to Application of expression unius rule
firearms who have secured a license or who are entitled to  Generally used in construction of statutes granting powers,
carry the same under the provisions of this Act.”
creating rights and remedies, restricting common rights,
 Issue: does “the deadly weapon” include an unlicensed imposing rights & forfeitures, as well as statutes strictly
revolver? construed.
 Held: Yes! Carrying such would be in violation of statute.
By the proviso, it manifested its intention to include in the Acosta v. Flor
prohibition weapons other than armas blancas therein
specified.  Statute: specifically designates the persons who may bring
actions for quo warranto, excludes others from bringing such
Cagayan Valley Enterprises, Inc. v. CA – previous page, sa kabilang actions.
column 
Escribano v. Avila
Roman Catholic Archbishop of Manila v. Social Security Commission  Statute: for libel, “preliminary investigations of criminal
actions for written defamation xxx shall be conducted by the
 Issue: a religious institution invoking ejusdem generi city fiscal of province or city or by municipal court of city or
whether ‘employer” be limited to undertaking an activity capital of the province where such actions may be instituted
which has an element of profit or gain? precludes all other municipal courts from conducting such
 Statute: “any person, natural or juridical, domestic or preliminary investigations
foreign, who carried in the Philippines any trade, business,
industry…. and uses the services of another person, who Peo. v. Lantin
under his orders as regard the employment, except the
Government, and any of its political subdivisions branches or
 Statute: crimes which cannot be prosecuted de oficio namely
instrumentalities and GOCCs”. adultery, concubinage, seduction, rape or acts of
lasciviousness; crimes such as slander can be prosecuted de
 Held: No. the rule of ejusdem generis applies only when oficio.
there is uncertainty. The definition is sufficiently
comprehensive to include charitable institutions and charities
not for profit; it contained exceptions which said institutions More short examples on p. 225
and entities are not included. Manila Lodge No. 761 v. CA
Santos v. CA
Expressio unius est exclusion alterius Lerum v. Cruz
 The express mention of one person, thing or consequence Central Barrio v. City Treasurer of Davao
implies the exclusion of all others.
 Rule may be expressed in a number of ways: Vera v. Fernandez
o Expressum facit cessare tacitum - what is  Statute: All claims for money against the decedent, arising
expressed puts an end to that which is implied from contracts, express or implied, whether the same be due,
where a statute, by its terms, is expressly limited to not due, or contingent, all claims for funeral expenses and
certain matters, it may not, by interpretation or expenses for the last sickness of the decedent, and judgment
construction, be extended to other matters. for money against decedent, must be filled within the time
o Exceptio firmat regulam in casibus non exceptis - limit of the notice, otherwise barred forever.
A thing not being excepted must be regarded as  Held: The taxes due to the government, not being mentioned
coming within the purview of the general rule in the rule are excluded from the operation of the rule.
Mendenilla v. Omandia  Held: No. Charitable and religious specifically enumerated
 Statute: changed the form of government of a municipality only goes to show that the framers of the law in question
into a city provides that the incumbent mayor, vice-mayor never intended to include solicitations for religious purposes
and members of the municipal board shall continue in office within its coverage.
until the expiration of their terms.
 Held: all other municipal offices are abolished.

Butte v. Manuel Uy & Sons, Inc.

 Statute: Legislature deliberately selected a particular method Limitations of the rule
of giving notice, as when a co-owner is given the right of 1. It is not a rule of law, but merely a tool in statutory
legal redemption within 30 days from notice in writing by construction
the vendor in case the other co-owner sells his share is the 2. Expressio unius est exclusion alterius, no more than
co-owned property, auxiliary rule of interpretation to be ignored where other
 Held: the method of giving notice must be deemed excusive circumstances indicate that the enumeration was not intended
& a notice sent by vendee is ineffective. to be exclusive.
3. Does not apply where enumeration is by way of example or
to remove doubts only.

Gomez v. Ventura
Villanueva v. City of Iloilo  Issue: whether the prescription by a physician of opium for a
 Statute: Local Autonomy Act, local governments are given patient whose physical condition did not require the use of
broad powers to tax everything, except those which are such drug constitutes “unprofessional conduct” as to justify
specifically mentioned therein. If a subject matter does not revocation of physician’s license to practice
come within the exceptions, an ordinance imposing a tax on  Held: Still liable! Rule of expressio unius not applicable
such subject matter is deemed to come within the broad  Court said, I cannot be seriously contended that aside from
taxing power, exception firmat regulam in casibus non the five examples specified, there can be no other conduct of
exceptis. a physician deemed ‘unprofessional.’ N or can it be
convincingly argued that the legislature intended to wipe out
Samson v. Court of Appeals all other forms of ‘unprofessional’ conduct therefore deemed
 Where the law provides that positions in the government grounds for revocation of licenses
belong to the competitive service, except those declared by
law to be in the noncompetitive service and those which are 4. Does not apply when in case a statute appears upon its face
policy-determining, primarily confidential or highly to limit the operation of its provision to particular persons or
technical in nature and enumerates those in the things enumerating them, but no reason exists why other
noncompetitive as including SECRETARIES OF persons or things not so enumerated should not have been
GOVERNORS AND MAYORS, the clear intent is that included and manifest injustice will follow by not including
assistant secretaries of governors and mayors fall under the them.
competitive service, for by making an enumeration, the 5. If it will result in incongruities or a violation of the equal
legislature is presumed to have intended to exclude those not protection clause of the Constitution.
enumerated, for otherwise it would have included them in 6. If adherence thereto would cause inconvenience, hardship
the enumeration and injury to the public interest.

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

 The insurance company disclaimed liability since death  A person, object or thing omitted from an enumeration must
resulting from murder was impliedly excluded in the be held to have been omitted intentionally.
insurance policy as the cause of death is not accidental but  The maxim operates only if and when the omission has been
rather a deliberate and intentional act, excluded by the very clearly established, and in such a case what is omitted in the
nature of a personal accident insurance. enumeration may not, by construction, be included therein.
 Held: the principle “expresssio unius est exclusio - the  Exception: where legislature did not intend to exclude the
mention of one thing implies the exclusion of the other thing person, thing or object from the enumeration. If such
- not having been expressly included in the enumeration of legislative intent is clearly indicated, the court may supply
circumstances that would negate liability in said insurance the omission if to do so will carry out the clear intent of the
policy cannot be considered by implication to discharge the legislature and will not do violence to its language
petitioner insurance company to include death resulting from
murder or assault among the prohibited risks lead inevitably Doctrine of last antecedent
to the conclusion that it did not intend to limit or exempt  Qualifying words restrict or modify only the words or
itself from liability for such death phrases to which they are immediately associated not those
 Insurance company still liable for the injury, disability and which are distantly or remotely located.
loss suffered by the insured. (sobra ‘to, I swear! Minurder na  Ad proximum antecedens fiat relatio nisi impediatur
nga, ayaw pang bayaran! Sobra! Hindi daw accidental… eh sententia – relative words refer to the nearest antecedents ,
di mas lalo ng kailangang bayaran dahil murder! Sus! Sus!) unless the context otherwise requires
 Rule: use of a comma to separate an antecedent from the rest
Centeno v. Villalon-Pornillos exerts a dominant influence in the application of the doctrine
 Issue: whether the solicitation for religious purposes, i.e., of last antecedent.
renovation of church without securing permit fro Department
of Social Services, is a violation of P D 1564, making it a Illustration of rule
criminal offense for a person to solicit or receive
contributions for charitable or public welfare purposes.
Pangilinan v. Alvendia custody” applies to all schools, academic as well as non-
 Members of the family of the tenant includes the tenant’s academic
son, son-in-law, or grandson, even though they are not  Held: teachers  pupils and students; heads of
dependent upon him for support and living separately from establishments of arts and trades to  apprentices
him BECAUSE the qualifying phrase “who are dependent
 General rule: responsibility for the tort committed by the
upon him for support” refers solely to its last antecedent,
student will attach to the teacher in charge of such student
namely, “such other person or persons, whether related to the
(where school is academic)
tenant or not”
 Exception: responsibility for the tort committed by the
Florentino v. PNB student will attach to the head, and only he, (who) shall be
held liable (in case of the establishments of arts and trades;
 Issue: whether holders of backpay certificates can compel
technical or vocational in nature)
government-ow ned banks to accept said certificates in
payment of the holder’s obligations to the bank.
PROVISOS, EXCEPTIONS AND CLAUSES
 Statute: “obligations subsisting at the time of the approval of
this amendatory act for which the applicant may directly be Provisos, generally
liable to the government or to any of its branches or  to limit the application of the enacting clause, section or
instrumentalities, or to corporations owned or controlled by provision of a statute, or except something, or to qualify or
the government, or to any citizens of the Philippines or to restrain its generality, or exclude some possible ground of
any association or corporation organized under the laws of misinterpretation of it, as extending to cases not intended by
the Philippines, who may be wiling to accept the same for legislature to be brought within its purview.
such settlement”  Rule: restrain or qualify the generality of the enacting clause
 Held: the court, invoking the doctrine of last antecedent, or section which it refers.
ruled that the phrase qualify only to its last antecedent  Purpose: limit or restrict the general language or operation of
namely “any citizen of the Philippines or association or the statute, not to enlarge it.
corporation organized under the laws of the Philippines”  Location: commonly found at the end of a statute, or
 The court held that backpay certificate holders can compel provision & introduced, as a rule, by the word “Provided”.
government-owned banks to accept said certificates for  Determined by: What determines whether a clause is a
payment of their obligations with the bank. proviso is its substance rather than its form. If it performs
any of the functions of a proviso, then it will be regarded as
Qualifications of the doctrine. such, irrespective of what word or phrase is used to introduce
1. Subject to the exception that where the intention of the law is it.
to apply the phrase to all antecedents embraced in the
provision, the same should be made extensive to the whole. Proviso may enlarge scope of law
2. Doctrine does not apply where the intention is not to qualify  It is still the duty of the courts to ascertain the legislative
the antecedent at all. intention and it prevails over proviso.
 Thus it may enlarge, than restrict
Reddendo singular singuilis
 Variation of the doctrine of last antecedent
U.S. v. Santo Nino
 Referring each to each;
 Referring each phrase or expression to its appropriate object,  Statute: it shall be unlawful for any person to carry concealed
or let each be put in its proper place, that is, the word should about his person any bowie, knife, dagger, kris or any other
be taken distributively. deadly weapon: Provided, that this provision shall not apply
to firearms in the possession of persons who have secured a
Peo. v Tamani license therefore or who are entitled to same under
provisions of this Act.
 Issue: when to count the 15-day period within which to
appeal a judgment of conviction of criminal action—date of  Held: through the Proviso it manifested the intention to
promulgation of judgment or date of receipt of notice of include in the prohibition weapons other than armas blancas
judgment. as specified.
 Statute: Sec. 6, Rule 122 of the Rules of Court
 Held: Should be from ‘promulgation’ should be referring to Proviso as additional legislation
‘judgment,’ while notice refer to order.  Expressed in the opening statement of a section of a statute
 Would mean exactly the reverse of what is necessarily
King v. Hernandez implied when read in connection with the limitation
 Issue: Whether a Chinese holding a noncontrol position in a  Purpose:
retail establishment, comes within the prohibition against o To limit generalities
aliens intervening “in the management, operation, o Exclude from the scope of the statute that which
administration or control” followed by the phrase “whether otherwise would be within its terms
as an officer, employee or laborer…
 Held: Following the principle, the entire scope of personnel What proviso qualifies
activity, including that of laborers, is covered by the  General rule: qualifies or modifies only the phrase
prohibition against the employment of aliens. immediately preceding it; or restrains or limits the
generality of the clause that it immediately follows.
Amadora v. CA
 Exception: unless it clearly appears that the legislature
 Issue: whether A rt 2180 of Civil Code, w hich states that intended to have a wider scope
“lastly teachers or heads of establishments of arts and trade
shall be liable for damages caused by their pupils and Chinese Flour Importers Assn v. Price Stabilization Board
students or apprentices so long as they remain in their
  Statute: Sec. 15 RA 426 - Any existing law, executive order  Where there is a conflict between the proviso and the main
or regulation to the contrary notwithstanding, no government provision, that which is located in a later portion of the
agency except the Import Control Commission shall allocate statute prevails, unless there is legislative intent to the
the import quota among the various importers. Provided, contrary.
That the Philippine Rehabilitation and Trade Administration  Latter provision, whether provision or not, is given
shall have exclusive power and authority to determine and preference for it is the latest expression of the intent of the
regulate the allocation of wheat flour among importers.” legislation.
 Issue: whether or not the proviso excluded wheat flour from
the scope of act itself. Exceptions, generally
 Held: NO! Proviso refer to the clause immediately  Exception consists of that which would otherwise be
preceding it and can have no other meaning than that the included in the provision from which it is excepted.
function of allocating the wheat flour instead of assigning to  It is a clause which exempts something from the operation of
Import Control Commission was assigned to PRTA. a statute by express words.
 If wheat flour is exempted from the provisions of the Act,  “except,” “unless otherwise,” and “shall not apply”
the proviso would have been placed in the section containing  May not be introduced by words mentioned above, as long as
the repealing clause if such removes something from the operation of a provision
of law.
Collector of Internal Revenue v. Angeles  Function: to confirm the general rule; qualify the words or
 When an earlier section of statute contains proviso, not phrases constituting the general rule.
embodied in later section, the proviso, not embodied in a  Exceptio firmat regulam in casibus exceptis - A thing not
later section thereof, in the absence of legislative intent, be being excepted, must be regarded as coming within the
confined to qualify only the section to w hich it has been purview of the general rule.
appended.  Doubts: resolved in favor of general rule
Flores v. Miranda
 Issue: Petitioner that approval of the Public Service Exception and Proviso distinguished
Commission of the sale of public service vehicle was not
necessary because of proviso in Sec. 20 of Commonwealth Exception:
Act No. 146  Exempts something absolutely from the operation of statute
 Statute: It shall be unlawful for any public service vehicle or  Takes out of the statute something that otherwise would be a
for the owner, lessee or operator thereof, without the part of the subject matter of it.
previous approval and authority of the Commission  Part of the enactment itself, absolutely excluding from its
previously had xxx to sell, alienate xxx its property, operation s ome subject or thing that would otherwise fall
franchise; Provided, however, that nothing herein contained within the scope.
shall be construed to prevent the transaction from being Proviso:
negotiated or completed before its approval or to prevent the  Defeats its operation conditionally.
sale, alienation, or lease by any public service of any of its  Avoids by way of defeasance or excuse
property in the ordinary course of business”  If the enactment is modified by engrafting upon it a new
 Held: provision, by way of amendment, providing conditionally for
o the proviso xxx means only that the sale without a new case- this is the nature of proviso.
the required approval is still valid and binding
between the parties; also Similar: in a way since one of the functions of proviso is to except
o the phrase “in the ordinary course of business xxx something from an enacting clause.
could not have been intended to include sale of
vehicle itself, but at most may refer only to such Illustration of exception
property that may be conceivably disposed of by
the carrier in the ordinary course of its business, MERALCO v. Public Utilities Employees’ Association
like junked equipment.  Statute: No person, firm, or corporation, business
establishment or place shall compel an employee or laborer
Mercado Sr. v. NLRC to work on Sundays& legal holidays, unless paid an
 Held: the proviso in par 2 of Art 280 relates only to casual additional sum of at least 25% of his renumeration:
employees; not to project employees. Provided, that this prohibition shall not apply to public
 Applying rule that proviso to be construed with reference to utilities performing public service, e.g. supplying gas,
immediately preceding part of the provision which it is electricity, power, water etc…
attached and not to other sections thereof, unless legislative  Issue: Is MERALCO liable to pay the 25% for employees
intent was to restrict or qualify. who work during holidays and Sundays?
Exception to the rule  Held: Negative. 2nd part is an exception although introduced
 Proviso construed to qualify only the immediately preceding by “Provided.” As appellant is a public utility that supplies
part of the section to w hich it is attached; if no contrary electricity & provides means of transportation, it is evident
legislative intent is indicated. that appellant is exempt from qualified prohibition
established in the enactment clause.
 Where intent is to qualify or restrict the phrase preceding it
or the earlier provisions of the statute or even the statute
Tolentino v. Secretary of Finance
itself as a whole, then the proviso will be construed in that
manner, in order that the intent of the law may be carried out  Statute: No bill shall be passed by either House shall become
a law unless it has passed 3 readings on separate days, &
Repugnancy between proviso and main provision printed copies thereof in its final form have been distributed
 to its Members 3 days before its passage, except when the o Construe its parts and section in connection with
President certifies to the necessity of its immediate other parts
enactment to meet a public calamity or emergency. o Why? To “produce” a harmonious whole
 Held: it qualifies only its nearest antecedent, which is the
distribution of the printed bill in its final form 3 days from its  Never:
final passage.& not the 3 readings on separate days. o Divide by process of etymological dissertation
(why? Because there are instances when the
Pendon v. Diasnes
intention of the legislative body is different from
 Issue: whether a person convicted of a crime against that of the definition in its original sense)
property, who was granted absolute pardon by the President, o Separate the words (remember that the whole point
is entitled to vote? of this chapter is to construe it as a whole)
 Statute: A person shall not be qualified to vote “w ho has o Separate context
been sentenced by final judgment to suffer one year or more
from imprisonment, such disability not having been removed o Base definitions on lexicographer (what is a
any plenary pardon” or “who has been declared by final lexicographer? A person who studies lexicography.
judgment guilty of any crime against property.” What is lexicography then? Analyzes semantic
relationships between lexicon and language – not
 1st clause- 2 excpetions – (a) Person penalized by less than 1
important. Never mind ) – ang kulit!
yr.; and (2) Person granted an absolute pardon
 The whole point of this part is to construe the whole statute
 2nd clause - creates exception to 1st but not to 2nd that a person and its part together (actually kahit ito nalang tandaan
convicted of crime against property cannot vote unless hanggang matapos kasi ito lang yung sinasabi ng book)
there’s pardon.
 Held: absolute pardon for any crime for which one year of Intent ascertained from statute as whole
imprisonment or more was meted out restores the prisoner to  Legislative meaning and intent should be
his political rights. extracted/ascertained from statutes as a whole (hence the
 If penalty less 1 yr, disqualification not apply, except when title…)
against property- needs pardon. o Why? Because the law is the best expositor of
 The 2nd clause creates the exception to the 1st itself
 Optima Statuti Interpretatio est ipsum statutum - the best
Gorospe v. CA (exception need not be introduced by “except” or interpreter of a statute is the statute itself
“unless”) o [remember this story to memorize the maxim:
 Statute: Rule 27 of Rules of Court, “service by registered Optima at Statuti Frutti where interpreting as to
mail is complete upon actual receipt by the addressee; but if
why when cockroaches(IPIS) when added results
fail to claim his mail from the post office within 5 days from
to SUM (ipsum) a stadium (statutum)] – sorry
ate of first notice of the postmaster, service shall take effect
blockmates, weird si cherry! 
at the expiration of such time.”
 Do not inquire too much into the motives which influenced
 Issue: Whether actual receipt the date of a registered mail
the legislative body unless the motive is stated or disclosed
after 5 day period, is the date from which to count the
in the statute themselves.
prescriptive period to comply with certain requirements.
 Held: Service is completed on the 5th day after the 1st notice, Aisporna v. CA
even if he actually received the mail months later.  pointed out that words, clauses, phrases should not be
 2nd part is separated by semicolon, and begins with ‘but’ studied as detached/isolated expressions
which indicates exception. o Consider every part in understanding the meaning
of its part to produce a harmonious whole
Saving clause o Meaning of the law is borne in mind and not to be
 Provision of law which operates to except from the effect of extracted from a single word
the law what the clause provides, or save something which o Most important: Every part of the statute must be
would otherwise be lost. interpreted with reference to the context
 Used to save something from effect of repeal of statute
 Legislature, in repealing a statute, may preserve in the form Aboitiz Shipping Corp v. City of Cebu
of a saving clause, the right of the state to prosecute and  Described that if the words or phrases of statute be taken
punish offenses committed in violation of the repealed law. individually it might convey a meaning different form the
 Where existing procedure is altered or substituted by one intended by the author.
another, usual to save proceedings under the old law at the  Interpreting words or phrases separately may limit the extent
time the new law takes effect, by means of saving clause of the application of the provision
 Construed: in light of intent by legislature
 Given strict or liberal meaning depending on nature of Gaanan v. Intermediate Appellate Court
statute.  Case of wire tapping
 There is a provision which states that “ it shall be unlawful
CHAPTER SIX: Statute Construed as Whole and in Relation to for any person, not being authorized by all the parties to any
other Statutes private communication or spoken word to tap any wire or
cable or by using any other device or arrangement, to
STATUTE CONSTRUED AS WHOLE secretly overhear, intercept, or record such communication
or spoken word by using such device commonly known as
Generally dictagraph…”
 Statute is passed as a whole  Issue: whether the phrase device or arrangement includes
o It should have one purpose and one intent party line and extension
  Statcon: it should not be construed in isolation. Rather it  U t res magis valeat quam pereat - the
should be interpreted in relation to the other words (tap, to construction is to be sought which gives
overhear) thus party line or telephone extension is not effect to the whole of the statute - of its
included because the words in the provision limit it to those every word.
that have a physical interruption through a wiretap or the
deliberate installation of device to overhear. (Remember the Apparently conflicting provisions reconciled
maxim noscitus a sociis because in here they applied an  included in the rule of construing statute as a whole, is the
association with other words in construing the intention or reconciling and harmonizing conflicting provisions because
limitation of the statute) it is by this that the statute will be given effect as a whole.
 Why is it a must for courts to harmonize conflicting
National Tobacco Administration v. COA provision? - Because they are equally the handiwork of the
 Issue: whether educational assistance given to individuals same legislature
prior to the enactment of RA 6758 should be continued to be
received? RP v. CA
 Held: Yes. Proper interpretation of section12 RA 6758  Issue: whether or not an appeal of cases involving just
depends on the combination of first and second paragraph compensation should be made first by DARAB before RTC
 First sentence states that “such other additional under Sec. 57
compensation not otherwise specified as may be determined  Held: S C said that the contention of the Republic and the
by the D BM shall be deemed included in the standardized Land Bank in the affirmative side has no merit because
salary rates herein prescribed.” The second sentence states although DARAB is granted a jurisdiction over agrarian
“such other additional compensation, whether in cash or in reform matters, it does not have jurisdiction over criminal
kind, being received by incumbents only as of July 1, 1989 cases.
not integrated into the standard shall continue to be
authorized.” (you can ask cheery na lang to explain it, ang Sajonas v. CA
haba ng nasa book  )  Issue: what period an adverse claim annotated at the back of
 statcon: do not isolate or detach the parts. Construing a a transfer certificate effective?
statute as a whole includes reconciling and harmonizing  Held: In construing the law Sec. 70 of P D 1529 (adverse
conflicting provisions claim shall be effective for a period of 30 days from the date
of the registration…) care should be taken to make every part
Purpose or context as controlling guide effective
 construe whole statute and ascertain the meaning of the
words or phrases base on its context, the nature of the Special and general provisions in same statute
subject, and purpose or intention of the legislative body who  special would overrule the general
enacted the statute  special must be operative; general affect only those it applies
 give it a reasonable construction  except to general provision
 Leeway are accepted on grammatical construction, letters of
the statutes, rhetorical framework if it can provide a clear Construction as not to render provision nugatory
and definite purpose of the whole statute ( as long as it can  another consequence of the rule: provision of a statute should
produce a clear and definite statutes, it is sometimes affected not be construed as to nullify or render another nugatory in
to be lax on the construction of grammar) the same statute
 Harmonize the parts of each other and it should be consistent  Interpretatio fienda est et res magis valeat quam pereat - a
with its scope and object law should be interpreted with a view to upholding rather
than destroying
Giving effect to statute as a whole o Do not construe a statute wherein one portion will
 Why construe a statute as a whole? - Because it implies that destroy the other
one part is as important as the other o Avoid a construction which will render to
 What if the provision/section is unclear by itself? - One can provision inoperative
make it clear by reading and construing it in relation to the
whole statute Reason for the rule
 How do you properly and intelligently construe a  because of the presumption that the legislature has enacted a
provision/statute? - 3 ways: (1) Understand its meaning and statute whose provisions are in harmony and consistent with
scope; (2) apply to an actual case; (3) courts should consider each other and that conflicting intentions is the same statute
the whole act itself are never supported or regarded
 Why should every part of the statute be given effect? -
Because it is enacted as an integrated measure not a Qualification of rule
hodgepodge of conflicting provisions  What if the parts cannot be harmonized or reconciled without
 Ways on how the courts should construe a statute (according nullifying the other? - Rule is for the court to reject the one
which is least in accord with the general plan of the whole
to Republic v. Reyes):
statute
o Interpret the thought conveyed by the statute as
 What if there is no choice? - the latter provision must vacate
whole
the former; last in order is frequently held to prevail unless
o Construe constituent parts together intent is otherwise
o Ascertain legislative intent form whole part  What if the conflict cannot be harmonized and made to stand
o Consider each and every provision in light of the together? - one must inquire into the circumstances of their
general purpose passage
o Make every part effective, harmonious and
sensible (adopt a construction which would give Construction as to give life to law
effect to every part of the of the statute)
  provide sensible interpretation to promote the ends of which  Law – “the municipal board shall have a secretary who shall
they were enacted be appointed by it to serve during the term of office of the
 construct them in a reasonable and practical way to give life members thereof”
to them  Amendment – “the vice-mayor shall appoint all employees
 Interpretatio fienda es ut res magis valeat quam pereat - of the board w ho may be suspended or removed in
interpretation will give the efficacy that is to be adopted. accordance with law”
 Construction of both Law and Amendment – the power of
Construction to avoid surplusage the vice-mayor to make appointment pursuant to the
 construe the statute to make no part or provision thereof as amendatory act is limited to the appointment of all
surplasage employees of the board other than the board secretary who is
 each and every part should be given due effect and meaning to be appointed by the board itself
 do not construe a legal provision to be a useless surplusage
and meaningless STATUTE CONSTRUED IN RELATION TO CONSTITUTION
 exert all efforts to provide the meaning. Why? Because of AND OTHER STATUTES
the presumption that the legislature used the word or phrase
for a purpose Statute construed in harmony with the Constitution
 Constitution- the fundamental law to which all laws are
Application of rule subservient
 General Rule: Do not interpret a statute independent from the
Mejia v.Balalong constitution
 Issue: how to constru “next general election” in Sec. 88 of  Construe the statute in harmony with the fundamental law:
the City Charter of Dagupan City? Why? Because it is always presumed that the legislature
 Held: the phrase refers to the next general election after the
adhered to the constitutional limitations when they enacted
the statute
city came into being and not the one after its organization by
 It is also important to understand a statute in light of the
Presidential Proclamation.
constitution and to avoid interpreting the former in conflict
with the latter
Niere v. CFI of Negros Occidental
 What if the statute is susceptible to two constructions, one is
 Issue: does the city mayor have the power to appoint a city constitutional and the other is unconstitutional? A: The
engineer pursuant to Sec. 1 of the City Charter of La Carlote
construction that should be adopted should be the one that is
 Held: no, the city mayor does not have such power. The
constitutional and the one that will render it invalid should
phrase “and other heads and other employees of such be rejected.
departments as may be created” whom the mayor can
 The Court should favor the construction that gives a statute
appoint, refers to the heads of city departments that may be
of surviving the test of constitutionality
created after the law took effect, and does not embrace the
city engineer. To rule otherwise is to render the first  The Court cannot in order to bring a statute within the
conjunction “and” before the words “fire department” a fundamental law, amend it by construction
superfluity and without meaning at all
Tañada v. Tuvera
Uytengsu v Republic  this is the case regarding Art. 2 of the Civil Code especially
 Issue: whether the requirement the requirement for the phrase “unless otherwise provided”.
naturalization that the applicant “will reside continuously in  Statcon: one should understand that if the phrase refers to the
the Philippines from the date of the filing of the petition up publication itself it would violate the constitution (since all
to the time of his admission to Philippine citizenship” refers laws should be made public) [if malabo, vague, eh? huh? –
to actual residence or merely to legal residence or domicile cherry will explain it na lang ]
 Held: such requirement refers to actual or physical residence
because to construe it otherwise is to render the clause a Statutes in Pari Materia
surplusage.  pari materia - refers to any the following:
 An applicant for naturalization must be actually residing in o same person or thing
the Philippines from the filing of the petition for o same purpose of object
naturalization to its determination by the court o same specific subject matter
 Later statutes may refer to prior laws.
Manila Lodge No. 761 v. CA
 What if the later law have no reference to the prior law, does
 Issue: whether the reclaimed land is patrimonial or public
that mean they are not in pari materia? - No. It is sufficient
dominion?
that they have the same subject matter.
 Held: to say that the land is patrimonial will render nugatory
 When is a statute not in pari materia? - The conditions above
and a surplusage the phrase of the law to the effect that the
are the determinants of ascertaining if a statute is in pari
City of Manila “is hereby authorized to lease or sell”
materia, thus even if two statutes are under the same broad
 A sale of public dominion needs a legislative authorization,
subject as along as their specific subjects are not the same,
while a patrimonial land does not.
they are NOT in pari material
Statute and its amendments construed together How statutes in Pari Materia construed
 rule applies to the construction and its amendments  Interpretare et concordare leges legibus est optimus
 Whatever changes the legislature made it should be given interpretandi modus – every statute must be so construed and
effect together with the other parts. harmonized with other statutes as to form a uniform system
of jurisprudence (parang ganun din nung first part, construe
Almeda v. Florentino it as a whole. But also bear in mind that it should also be in
harmony with other existing laws)
  Construe statutes in pari materia together to attain the Illustration of the rule (in pari materia)
purpose of an express national policy
 Why should they be construed together? - Because of the Lacson v. Roque
assumption that when the legislature enacted the statutes they  Issue: the phrase unless sooner removed of a statute that
were thinking of the prior statute. Prior statutes relating to states “the mayor shall hold office for four years unless
the s ame subject matter are to be compared with the new sooner removed”
provisions.  statcon: the court held that the phrase should be construed in
 Again it is important to harmonize the statutes. Courts relation to removal statutes. Thus the phrase meant that
should not render them invalid without taking the necessary although the mayor cannot be removed during his term of
steps in reconciling them office, once he violates those that are stated in removal
statutes.

Chin Oh Foo v. Concepcion

Vda de Urbano v. GSIS  criminal case  Article 12(1) exempting circumstance
 there were no facts given in the book except that it was in (imbecile or insane)
this case that in pari materia was explained well. The  Statcon: the phrase “shall not be permitted to leave without
explanation are the same in the aforementioned first obtaining permission of the same court” should be
reconciled with another statute that states “any patient
 Other things to consider in constructing statutes which are in confined in a mental institution may be released by the
pari materia Director of Health once he is cured. The Director shall
o History of the legislation on the subject inform the judge that approved the confinement”. These two
o Ascertain the uniform purpose of the legislature statutes refers to a person who was criminally charged but
o Discover the policy related to the subject matter was proven to be an imbecile or insane, thus they should be
has been changed or modified construed together. Their construction would mean that in
o Consider acts passed at prior sessions even those order for the patient to be release there should be an approval
that have been repealed of both the court and the Director of Health.
 Distingue tempora et concordabis jura – distinguish times
and you will harmonize laws King v. Hernaez
 In cases of two or more laws with the same subject matter:  Statcon: relation of RA 1180 (Retail Trade Nationalization
o Question is usually whether the later act impliedly Act) to Commonwealth Act 108 (Anti Dummy Law)
repealed the prior act.
Dialdas v. Percides
o Rule: the only time a later act will be repealed or
 Facts: a alien who operated a retail store in Cebu decided to
amended is w hen the act itself states s o (that it close his Cebu store and transfer it to Dumaguete. RTL
supersedes all the prior acts) or when there is an (retail trade law) and Tax Code Sec. 199 were the statutes
irreconcilable repugnancy between the two. taken into consideration in this case. The former authorizes
o In the case of “implied” the doubt will be resolved any alien who on May 15, 1954 is actually engaged in retail,
against the repeal or amendment and in favor of to continue to engage therein until his voluntary retirement
the harmonization of the laws on the subject (later from such business, but not to establish or open additional
will serve as a modification) stores for retail business. The latter provides that any
business for which the privilege tax has been paid may be
Reasons why laws on same subject are reconciled removed and continued in any other place without payment
 2 main reasons: of additional tax.
o The presumption that the legislature took into  Issue: whether the transfer by the alien from Cebu to
account prior laws when they enacted the new one. Dumaguete can be considered as a voluntary retirement from
business.
(orbiter dictum ni cherry: this chapter keeps pointing out that the  Held: No. Although the trial court affirmed the question, the
legislature are knowledgeable on the law, but I wonder how the actors SC ruled otherwise stating that RTC overlooked the clear
fit? Im not discriminating but how did Lito Lapid, Loi Ejercito, etc provision of Sec. 199.
knew the prior laws? I heard they have researchers who do it for them.
Why don’t we vote those researchers instead? Yun lang. I have been C & C Commercial Corp v. National Waterworks and Sewerage
reading the whole presumption that the legislature is knowledgeable. Authority
Madaming namamatay sa akala. Is agpalo still alive?hahaha )  Facts: R.A. 912 (2) states that in construction or repair work
undertaken by the Government, Philippine made materials
o Because enactments of the same legislature on the and products, whenever available shall be used in
same subject are supposed to form part of one construction or repair work.
uniform system (Why? Because later statutes are  Flag Law (Commonwealth A ct 138) gives native products
supplementary to the earlier enactments) preference in the purchase of articles by Government,
 If possible construe the two statutes including government owned or controlled corporations.
wherein the provisions of both are given  Issue: interpretation of two statutes requiring that preference
effect be made in the purchase and use of Phil. Made materials and
products
Where harmonization is impossible  Held: The SC relates the two statutes as in pari materia and
 Earlier law should give way to the later law because it is the they should be construed to attain the same objective that is
“current” or later expression of the legislative will to give preference to locally produced materials.

Cabada v. Alunan III

  Issue: w hether or not an appeal lies from the decision of  LGC of 1991, a later law, empowers all government units to
regional appellate board (RAB) imposing disciplinary action enact ordinances to prevent and suppress gambling and other
against a member of the P N P under S ec. 45 of RA 6975 games of chance.
regarding finality of disciplinary action  Stacon: These two should be harmonized rather than
 The court held that the “gap” in the law which is silent on annulling one and upholding the other. Court said that the
filing appeals from decisions of the RAB rendered within the solution to this problem is for the government units to
reglementary period should be construed and harmonized suppress and prevent all kinds of gambling except those that
with other statutes, i.e. Sec 2(1), Article IX-B of the 1987 are allowed under the previous law
Constitution because the P N P is part, as a bureau, of the
reorganized DILG, as to form a unified system of Leveriza v. Intermediate Appellate Court
jurisprudence  RA 776 empowers the general manager of the Civil
 Statcon: if RAB fails to decide an appealed case within 60 Aeronautics Administration to lease real property under its
days from receipt of the notice of appeal, the appealed administration.
decision is deemed final and executory, and the aggrieved  Administrative Code authorizes the President to execute a
party may forthwith appeal therefrom to the Secretary of lease contract relating to real property belonging to the
DILG. Likewise, if the RAB has decided the appeal within republic
60-day reglementary period, its decision may still be  How do you apply the rule? - In this case, the prior (special)
appealed to the Secretary of DILG law should prevail

Manila Jockey Club Inc. v. CA Reason for the rule

 Issue: who was entitled to breakages (10% dividend of  the special law is considered an exception to the general law
winning horse race tickets) (as long as same subject)
 Statcon: There are two statutes that should be considered.
RA 309 (amended by 6631 &6632) is silent on the matter but Qualification of the rule
the practice is to use breakages for anti bookie drive and  The rule aforementioned is not absolute.
other sale promotions. E.O. 88 & 89 which allocated  Exceptions:
breakages therein specified. These two should be construed o If the legislature clearly intended the general
in pari materia, thus all breakages derived from all races
enactment to cover the whole subject and to repeal
should be distributed and allocated in accordance with all prior laws inconsistent therewith
Executive Orders because no law should be viewed in o When the principle is that the special law merely
isolation. (supplementary)
establishes a general rule while the general law
creates a specific and special rule
General and special statutes
 General statutes- applies to all of the people of the state or to
Reference statutes
a particular class of persons in the state with equal force.
 a statute which refers to other statutes and makes them
o Universal in application applicable to the subject of legislation
 Special statutes- relates to particular persons or things of a  used to avoid encumbering the statute books of unnecessary
class or to particular portion or section of the state only repetition
 Considered as statutes in pari materia thus they should be  should be construed to harmonize and give effect to the
read together and harmonized (and given effect) adopted statute.
 What if there are two acts which contain one general and one
special? Supplemental statutes
o If it produces conflict, the special shall prevail
 Intended to supply deficiencies in existing statutes
since the legislative intent is more clear thus it  Supplemental statutes should be read with the original statute
must be taken as intended to constitute an and construed together
exception.
o Think of it as one general law of the land while the Reenacted statutes
other applies only to a particular case  statute which reenacts a previous statute or provision.
 What if the special law is passed before the general law? It  Reproducing an earlier statute with the same or substantially
doesn’t matter because the special law will still be the same words.
considered as an exception unless expressly repealed.
Montelibano v. Ferrer
Solid Homes Inc. v. Payawal  Issue: application of Sec. 3 fo the City Charter of Manila is
 First statute provides that National Housing Authority shall valid in the criminal complaint directly file by an offended
have exclusive jurisdiction to hear and decide cases party in the city court of Bacolod?
involving unsound real estate (P.D. No. 959).  Held: The court ruled that the criminal complaint filed
 Second statute grants RTC general jurisdiction over such directly by the offended party is invalid and it ordered the
cases. city court to dismiss it.
 Issue: Which one will prevail?  The provisions of the City Charter of Manila Bacolod on the
 Held: The first statute will prevail because it is a special law, same subject are identically worded, hence they should
as compared to the latter which is general law, thus it is an receive the same construction.
exception to the “general jurisdiction” of the RTC
 RULE: two statutes with a parallel scope, purpose and
Magtajas v. Pryce Properties Corp terminology should each in its own field, have a like
 Facts: P.D. No. 1869 authorized PAGCOR to centralize and interpretation
regulate all games of chance.
Adoption of contemporaneous construction
  in construing the reenacted statute, the court should take into Legitimate exercise of judicial Forbidden by the tripartite
account prior contemporaneous construction and give due power division of powers among the 3
weight and respect to it. departments of government
 A statute may not be liberally construed to read into it
Qualification of the rule something which its clear and plain language rejects
 rule that is aforementioned is applicable only when the
statute is capable of the construction given to it and when Construction to promote social justice
that construction has become a settled rule of conduct  Social justice must be taken into account in the interpretation
and application of laws
Adopted statutes  Social justice mandate is addressed or meant for the three
 a statute patterned after a statute of a foreign country. departments: the legislative, executive, and the judicial
 Court should take into consideration how the courts of other  Social justice (included in the Constitution) was meant to be
country construe the law and its practices a vital, articulate, compelling principle of public policy
 It should be observed in the interpretation not only of future
legislations, but also of laws already existing on November
CHAPTER SEVEN: Strict or Liberal Construction 15, 1935.
 It was intended to change the spirit of our laws, present and
IN GENERAL future.

Generally Construction taking into consideration general welfare or growth

 Whether a statute is to be given a strict or liberal civilization
construction will depend upon the following:  Construe to attain the general welfare
 The nature of the statute  Salus populi est suprema lex – the voice of the people is the
 The purpose to be subserved supreme law
 The mischief to be remedied
 Purpose: to give the statute the interpretation that will best  Statuta pro publico commodo late interpretantur – statutes
accomplish the end desired and effectuate legislative intent enacted for the public good are to be construed liberally
 The reason of the law is the life of the law; the reason lies in
Strict construction, generally the soil of the common welfare
 Construction according to the letter of the statute, which  The judge must go out in the open spaces of actuality and dig
recognizes nothing that is not expressed, takes the language down deep into his common soil, if not, he becomes
used in its exact meaning, and admits no equitable subservient to formalism
consideration  Construe in the light of the growth of civilization and
 Not to mean that statutes are construed in its narrowest varying conditions
meaning o The interpretation that “if the man is too long for
 It simply means that the s cope of the statute shall not be the bed, his head should be chopped off rather than
extended or enlarged by implication, intendment, or enlarge the old bed or purchase a new one” should
equitable consideration beyond the literal meaning of its NOT be given to statutes
terms
 It is a close and conservative adherence to the literal or STATUTES STRICTLY CONSTRUED
textual interpretation
 The antithesis of liberal construction Penal statutes, generally
 Penal statutes are those that define crimes, treat of their
Liberal construction, defined nature and provide for their punishment
 Equitable construction as will enlarge the letter of a statute to o Acts of legislature which prohibit certain acts and
accomplish its intended purpose, carry out its intent, or establish penalties for their violation
promote justice  Those which impose punishment for an offense committed
 Not to mean enlargement of a provision which is clear, against the state, and which the chief executive has the
unambiguous and free from doubt power to pardon
 It s imply means that the w ords should receive a fair and  A statute which decrees the forfeiture in favor of the state of
reasonable interpretation, so as to attain the intent, spirit and unexplained wealth acquired by a public official while in
purpose of the law office is criminal in nature

Liberal construction applied, generally

 Where a statute is ambiguous, the literal meaning of the Penal statutes, strictly construed
words us ed may be rejected if the result of adopting s aid  Penal statutes are strictly construed against the State and
meaning would be to defeat the purpose of the law liberally construed in favor of the accused
 Ut res magis valeat quam pereat – that construction is to be
o Penal statutes cannot be enlarged or extended by
sought which gives effect to the whole of the statute – its intendment, implication, or any equitable
every word consideration
o No person should be brought within its terms if he
is not clearly made so by the statute
Liberal Construction Judicial Interpretation
o No act should be pronounces criminal which is not
Equitable construction as will Act of the court in engrafting
clearly made so
enlarge the letter of a statute to upon a law something which it
accomplish its intended believes ought to have been Peo v. Atop
purpose, carry out its intent, or embraced therein
promote justice
  Sec. 11 of RA 7659, which amended Art. 335 of the RPC,
Suy v. People
provides that the death penalty for rape may be imposed if
the “offender is a parent, ascendant, step-parent, guardian,  Where a statute penalizes a store owner who sells
relative by consanguinity or affinity within the 3rd civil commodities beyond the retail ceiling price fixed by law, the
degree, or the common-law spouse of the parent of the ambiguity in the EO classifying the same commodity into 2
victim” classes and fixing different ceiling prices for each class,
should be resolved in favor of the accused
 Is the common-law husband of the girl’s grandmother
included?
Peo v. Terreda
 No! Courts must not bring cases within the provisions of the
 Shorter prescriptive period is more favorable to the accused
law which are not clearly embraced by it.
o N o act can be pronounced criminal w hich is not
Peo v. Manantan
clearly within the terms of a statute can be brought
 The rule that penal statutes are given a strict construction is
within them.
not the only factor controlling the interpretation of such laws
o Any reasonable doubt must be resolved in favor of
 Instead, the rule merely serves as an additional single factor
the accused
to be cons idered as an aid in detrmining the meaning of
penal laws
 Strict construction but not as to nullify or destroy the
obvious purpose of the legislature Peo v. Purisima
o If penal statute is vague, it must be construed with  The language of the a statute which penalizes the mere
such strictness as to carefully SAFEGUARD the carrying outside of residence of bladed weapons, i.e., a knife
RIG H TS of the defendant and at the s ame time or bolo, not in connection with one’s work or occupation,
preserve the obvious intention of the legislature with a very heavy penalty ranging from 5-10 years of
o Courts must endeavor to effect substantial justice imprisonment, has been narrowed and strictly construed as to
include, as an additional element of the crime, the carrying of
Centeno v. Villalon-Pornillos the weapon in furtherance of rebellion, insurrection or
 PD 1564, which punishes a person who solicits or receives subversion, s uch being the evil sought to be remedied or
contribution for “charitable or public welfare purposes” prevented by the statute as disclosed in its preamble
without any permit first secured from the Department of
Social Services, DID NOT include “religious purposes”” in Azarcon v. Sandiganbayan
the acts punishable, the law CANNOT be construed to  Issue: whether a private person can be considered a public
punish the solicitation of contributions for religious officer by reason if his being designated by the BIR as a
purposes, such as repair or renovation of the church depository of distrained property, so as to make the
conversion thereof the crime of malversation
Reason why penal statutes are strictly construedg  Held: NO! the BIR’s power authorizing a private individual
 The law is tender in favor of the rights of the individual; to act as a depository cannot include the power to appoint
 The object is to establish a certain rule by conformity to him as public officer
which mankind would be safe, and the discretion of the court  A private individual who has in his charge any of the public
limited funds or property enumerated in Art 222 RPC and commits
 Purpose of strict construction is NOT to enable a guilty any of the acts defined in any of the provisions of Chapter 4,
person to escape punishment through technicality but to Title 7 of the RPC, should likewise be penalized with the
provide a precise definition of forbidden acts same penalty meted to erring public officers. Nowhere in
this provision is it expressed or implied that a private
Acts mala in se and mala prohibita individual falling under said Art 222 is to be deemed a public
 General rule: to constitute a crime, evil intent must combine officer
with an act
 Actus non facit reum nisi mens sit rea – the act itself does not Limitation of rule
make a man guilty unless his intention were so  Limitation #1 – Where a penal statute is capable of 2
interpretations, one which will operate to exempt an accused
 Actus me invite factus non est meus actus – an act done by from liability for violation thereof and another which will
me against my will is not my act give effect to the manifest intent of the statute and promote
its object, the latter interpretation should be adopted
Mala in se Mala prohibita
Criminal intent, apart from the The only inquiry is, has the law
US v. Go Chico
act itself is required been violated
 A law punishes the display of flags “used during” the
RPC Special penal laws
insurrection against the U S may not be so construed as to
exempt from criminal liability a person who displays a
 However, if special penal laws use such words as “willfully, replica of said flag because said replica is not the one “used”
voluntarily, and knowingly” intent must be proved; thus during the rebellion, for to s o construe it is to nullify the
good faith or bad faith is essential before conviction statute together
 Go Chico is liable though flags displayed were just replica of
Application of rule the flags “used during” insurrection against US
Peo v. Yadao
 Limitation #2 – strict construction of penal laws applies only
 A statute which penalizes a “person assisting a claimant” in where the law is ambiguous and there is doubt as to its
connection with the latter’s claim for veterans benefit, does meaning
not penalize “one who OFFERS to assist”
Peo v. Gatchalian  Reas on: there is in s uch a grant a gratuitous donation of
 A statute requires that an employer shall pay a minimum public money or property which results in an unfair
wage of not less than a specified amount and punishes any advantage to the grantee and for that reason, the grant should
person who willfully violates any of its provisions be narrowly restricted in favor of the public
 The fact that the nonpayment of the minimum wage is not
specifically declared unlawful, does not mean that an Statutory grounds for removal of officials
employer who pays his employees less than the prescribed  Statutes relating to suspension or removal of public officials
minimum wage is not criminally liable, for the nonpayment are strictly construed
of minimum wage is the very act sought to be enjoined by  Reason: the remedy of removal is a drastic one and penal in
the law nature. Injustice and harm to the public interest would likely
emerge should such laws be not strictly interpreted against
Statutes in derogation of rights the power of suspension or removal
 Rights are not absolute, and the state, in the exercise of
police power, may enact legislations curtailing or restricting Ochate v. Deling
their enjoyment  Grounds for removal – “neglect of duty, oppression,
 As these statutes are in derogation of common or general corruption or other forms of maladministration in office”
rights, they are generally strictly construed and rigidly o “in office” – a qualifier of all acts.
confined to cases clearly within their scope and purpose o Must be in relation to the official as an officer and
 Examples: not as a private person
o Statutes authorizing the expropriation of private
land or property Hebron v Reyes
o Allowing the taking of deposition  Procedure for removal or suspension should be strictly
o Fixing the ceiling of the price of commodities construed
o Limiting the exercise of proprietary rights by  Statute: local elective officials are to be removed or
individual citizens suspended, after investigation, by the provincial board,
o Suspending the period of prescription of actions subject to appeal to the President
 When 2 reasonably possible constructions, one which would  President has no authority on his own to conduct the
diminish or restrict fundamental right of the people and the investigation and to suspend such elective official
other if which would not do so, the latter construction must
be adopted so as to allow full enjoyment of such Naturalization laws
fundamental right  Naturalization laws are strictly construed against the
applicant and rigidly followed and enforced
Statutes authorizing expropriations  Naturalization is statutory than a natural right
 Power of eminent domain is essentially legislative in nature Statutes imposing taxes and customs duties
 May be delegated to the President, LGUs, or public utility  Tax statutes must be construed strictly against the
company government and liberally in favor of the taxpayer
 Expropriation plus just compensation  Power to tax involves power to destroy
 A derogation of private rights, thus strict construction is  Taxing act are not to be extended by implication
applied  Tax statutes should be clearly, expressly, and unambiguously
 Statutes expropriating or authorizing the expropriation of imposed
property are strictly construed against the expropriating  Reason for strict construction: taxation is a destructive power
authority and liberally in favor of property owners which interferes with the personal property rights of the
people and takes from them a portion of their property for
the support of the government
Statutes granting privileges
 Statutes granting advantages to private persons or entities Statutes granting tax exemptions
have in many instances created special privileges or  Law frowns against exemption from taxation because taxes
monopolies for the grantees and have thus been viewed with are the lifeblood of the nation
suspicion and strictly construed  Laws granting tax exemptions are thus construed strictissimi
 Privilegia recipient largam interpretationem voluntati juris against the taxpayer and liberally in favor of the taxing
consonam concedentis – privileges are to be interpreted in authority
accordance with the will of him who grants them  Burden of proof – on the taxpayer claiming to be exempted
 A nd he w ho fails to strictly comply w ith the w ill of the  Basis for strict construction – to minimize the different
grantor loses such privileges treatment and foster impartiality, fairness, and equality of
treatment among taxpayers
Butuan Sawmill, Inc. v. Bayview Theater, Inc  Tax exemptions are not favored in law, nor are they
 Where an entity is granted a legislative franchise to operate presumed.
electric light and pow er, on condition that it should start
operation within a specified period, its failure to start CIR v. CA
operation within the period resulted in the forfeiture of the  Issue: whether containers and packaging materials can be
franchise credited against the miller’s deficiency tax
 BIR claimed that there should be no tax credit
Legislative grants to local government units  Held: proviso should be strictly construed to apply only to
 Grants of power to local government are to be construed raw materials and not to containers and packing materials
strictly, and doubts in the interpretation should be resolved in which are not raw materials; hence, the miller is entitled to
favor of the national government and against the political tax credit
subdivisions concerned
  Restriction in the proviso is limited only to sales, miller’s  The express exemption should not be construed with the
excise taxes paid ‘on raw materials used in the milling same degree of strictness that applies to exemptions contrary
process’ to policy of the state, since as to such property exemption is
the rule and the taxation is the exemption
Benguet Corporation v. Cenrtral Board of Assessment Appeals  E.g. tax exemption in favor of NAPOCOR – whether direct
 PD 1955 withdrew all tax exemptions, except those or indirect taxes, exempted
embodied in the Real Property Code, a law which grants
certain industries real estate tax exemptions under the Real Statutes concerning the sovereign
Estate Code  Restrictive statutes which impose burdens on the public
treasury or which diminish rights and interests are strictly
 Courts cannot expand exemptiom construed.
 Unless so specified, the government does not fall within the
terms of any legislation
Esso Standard Eastern, Inc. v Acting Commissioner of Customs
 Where a statute exempts from special import tax, equipment Alliance of Government Workers v. Minister of Labor and Employment
“for use of industries,” the exemption does not extend to  PD 851 – requires “employers” to pay a 13th month pay to
those used in dispensing gasoline at retail in gasoline stations their employees xxx
 “employers” does not embrace the RP, the law not having
CIR v. Manila Jockey Club, Inc. expressly included it within its scope
 Statute: “racing club holding these races shall be exempt
from the payment of any municipal or national tax” Statutes authorizing suits against the government
 Cannot be construed to exempt the racing club from paying  Art. XVI, Sec. 3, 1987 Constitution – “The State may not be
income tax on rentals paid to it for use of the race tracks and sued without its consent”
other paraphernalia, for what the law exempts refers only to o General rule: sovereign is exempt from suit
those to be paid in connection with said races
o Exception: in the form of statute, state may give its
Lladoc v. CIR consent to be sued
 Statute: exemption from taxation charitable institutions,  Statute is to be strictly construed and
churches, parsonages or covenants appurtenant thereto, waiver from immunity from suit will not
mosques, and non-profit cemeteries, and all lands buildings, be lightly inferred
and improvements actually, directly, and exclusively used  Nullum tempus occurrit regi – there can be no legal right as
for religious or charitable purposes against the authority that makes the law on which the right
 Exemption only refer to property taxes and not from all depends
kinds of taxes  Reason for non-suability – not to subject the state to
inconvenience and loss of governmental efficiency
La Carlota Sugar Central v. Jimenez
 Statute: tax provided shall not be collected on foreign Mobil Phil. Exploration, Inc. v. Customs Arrastre Services
exchange used for the payment of “fertilizers when imported  The law authorizing the Bureau of Customs to lease arrastre
by planters or farmers directly or through their cooperatives” operations, a proprietary function necessarily incident to its
 The importation of fertilizers by an entity which is neither a governmental function, may NOT be construed to mean that
planter nor a farmer nor a cooperative of planters or farmers the state has consented to be sued, w hen it undertakes to
is not exempt from payment of the tax, even though said conduct arrastre services itself, for damage to cargo
entity merely acted as agent of planter or farmer as a sort of
accommodation without making any profit from the  State-immunity may not be circumvented by directing the
transaction, for the law uses the word “directly” which action against the officer of the state instead of the state itself
means without anyone intervening in the importation and the o The state’s immunity may be validly invoked
phrase “through their cooperatives” as the only exemption against the action AS LONG AS IT CAN BE
SHOWN that the suit really affects the property,
CIR v. Phil. Acetylene Co. rights, or interests of the state and not merely those
 See page 305 of the officer nominally made party defendant
 Even if the state consents, law should NOT be interpreted to
 Power of taxation if a high prerogative of sovereignty, its authorize garnishment of public funds to satisfy a judgment
relinquishment is never presumed and any reduction or against government property
diminution thereof with respect to its mode or its rate must o Reason:
be strictly construed  Public policy forbids it
 Disbursement of public funds must be
Phil. Telegraph and Telephone Corp. v. COA
covered by a corresponding
 On “most favored treatment clause”
appropriation as required by law
 2 franchisee are not competitors  Functions and service cannot be allowed
 The first franchisee is will not enjoy a reduced rate of tax on to be paralyzed or disrupted by the
gross receipts diversion of public funds from their
legitimate and specific objects, as
Qualification of rule appropriated by law
 Strict construction does not apply in the case of tax
exemptions in favor of the government itself or its agencies Statutes prescribing formalities of the will
 Provisions granting exemptions to government agencies may
be construed liberally in favor of non-tax liability of such
agencies
  Strictly construed, which means, wills must be executed in good order xxx of the LG U and the inhabitants
accordance with the statutory requirements, otherwise, it is thereof, and for the protection of the property
entirely void therein
 The court is seeking to ascertain and apply the intent of the  Construed in favor of the LGUs
legislators and not that of the testator, and the latter’s  To give more powers to local governments in promoting the
intention is frequently defeated by the non-observance of economic condition, social welfare, and material progress of
what the statute requires the people in the community
 Construed with proprietary aspects, otherwise would cripple
Exceptions and provisos LGUs
 Should be strictly but reasonably construed  Must be elastic and responsive to various social conditions
 All doubts should be resolved in favor of the general  Must follow legal progress of a democratic way of life
provision rather than the exceptions
o However, always look at the intent of legislators if Grant of power to local governments
it will accord reason and justice not to apply the  Old rule: municipal corporations , being mere creatures of
rule that “an express exception excludes all others” law, have only such powers as are expressly granted to them
 The rule on execution pending appeal must be strictly and those which are necessarily implied or incidental to the
construed being an exception to the general rule exercise thereof
 Situations which allows exceptions to the requirement of  New rule: RA 2264 “Local Autonomy Act”
warrant of arrest or search warrant must be strictly o Sec 12 – “implied power of a province, a city, or a
construed; to do so would infringe upon personal liberty and municipality shall be liberally construed in its
set back a basic right favor. A ny fair and reasonable doubt as to the
 A preference is an exception to the general rule existence of the power should be interpreted in
 A proviso should be interpreted strictly with the legislative favor of the local government and it shall be
intent presumed to exist”
o Should be strictly construed
o Only those expressly exempted by the proviso Statutes granting taxing power (on municipal corporations)
should be freed from the operation of the statute  Before 1973 Constitution – inferences, implications, and
deductions have no place in the interpretation of the taxing
STATUTES LIBERALLY CONSTRUED power of a municipal corporation
 New Constitution – Art. X, Sec 5 1987 Constitution – “each
General social legislation local government unit shall have the power to create its own
 General welfare legislations sources of revenue and to levy taxes, fees, and charges
o To implement the social justice and protection-to- subject to such guidelines and limitations as the Congress
labor provisions of the Constitution may provide, consistent with the basic policy of local
autonomy”
o Construed liberally
o Statutes prescribing limitations on the taxing
o Resolve any doubt in favor of the persons whom
power of LGUs must be strictly construed against
the law intended to benefit
the national government and liberally in favor of
o Includes the following – labor laws, tenancy laws, the LGUs, and any doubt as to the existence of the
land reform laws, and social security laws taxing power will be resolved in favor of the local
government
Tamayo v. Manila Hotel
 Law grants employees the benefits of holiday pay except Statutes prescribing prescriptive period to collect taxes
those therein enumerated  Beneficial for both government and taxpayer
 Statcon – all employees, whether monthly paid or not, who o To the government – tax officers are obliged to act
are not among those excepted are entitled to the holiday pay promptly in the making of the assessments
o To the taxpayer – would have a feeling of security
 Labor laws construed – the workingman’s welfare should be
against unscrupulous tax agents who will always
the primordial and paramount consideration find an excuse to inspect the books of taxpayers
o Article 4 N ew Labor Code – “all doubts in the
 Laws on prescription – remedial measure – interpreted
implementation and interpretation of the provisions liberally affording protection to the taxpayers
of the Labor Code including its implementing rules
and regulations shall be resolved in favor of labor”
 Liberal construction applies only if statute is vague,
otherwise, apply the law as it is stated Statutes imposing penalties for nonpayment of tax
 liberally construed in favor of government and strictly
General welfare clause construed against the taxpayer
 2 branches  intention to hasten tax payments or to punish evasions or
o One branch attaches to the main trunk of municipal neglect of duty in respect thereto
authority – relates to such ordinances and  liberal construction would render penalties for delinquents
regulations as may be necessary to carry into effect nugatory
and discharge the powers and duties conferred
upon local legislative bodies by law Election laws
o Other branch is much more independent of the  Election laws should be reasonably and liberally construed to
specific functions enumerated by law – authorizes achieve their purpose
such ordinances as shall seem necessary and  Purpose – to effectuate and safeguard the will of the
proper to provide for the health and safety, electorate in the choice of their representatives
promote the prosperity, improve the morals, peace,
  3 parts  Notice need not be actual for prescription to run;
o Provisions for the conduct of elections which constructive notice is enough
election officials are required to follow  More favorable to the accused if prescriptive period is
o Provisions which candidates for office are required counted from the time of registration
to perform
o Procedural rules which are designed to ascertain, Adoption statutes
in case of dispute, the actual w inner in the  Adoption statutes are liberally construed in favor of the child
elections to be adopted
 Paramount consideration – child and not the adopters
 Different rules and canons or statutory construction govern such
provisions of the election law Veteran and pension laws
 Veteran and pension laws are enacted to compensate a class
 Part 1: of men who suffered in the service for the hardships they
o Rules and regulations for the conduct of elections endured and the dangers they encountered in line of duty
o Expression of gratitude to and recognition of those
 Before election – mandatory (part 1)
who rendered service to the country by extending
 After election – directory (part 3)
to them regular monetary benefit
o Generally – the provisions of a statute as to the
manner of conducting the details of an election are  Veteran and pension laws are liberally construed in favor of
NOT mandatory; and irregularities in conducting grantee
an election and counting the votes, not preceding
from any wrongful intent and which deprives no
legal voter of his votes, will not vitiate an election Del Mar v. Phil. Veterans Admin
or justify the rejection of the entire votes of a  Where a statute grants pension benefits to war veterans,
precinct except those w ho are actually receiving a similar pension
 Against disenfranchisement from other government funds
 Remedy against election official who did  Statcon – “government funds” refer to funds of the same
not do his duty – criminal action against government and does not preclude war veterans receiving
them similar pensions from the US Government from enjoying the
 Part 2: benefits therein provided
o Provisions which candidates for office are required
to perform are mandatory
Board of Administrators Veterans Admin v. Bautista
o Non-compliance is fatal
 Veteran pension law is silent as to the effectivity of pension
 Part 3: awards, it shall be construed to take effect from the date it
o Procedural rules which are designed to ascertain, becomes due and NOT from the date the application for
in case of dispute, the actual w inner in the pension is approved, so as to grant the pensioner more
elections are liberally construed benefits and to discourage inaction on the part of the officials
o Technical and procedural barriers should not be who administer the laws
allowed to stand if they constitute an obstacle in
the choice of their elective officials Chavez v. Mathay
 For where a candidate has received popular mandate,  While veteran or pension laws are to be construed liberally,
overwhelmingly and clearly expressed, all possible doubts they s hould be s o cons trued as to prevent a pers on from
should be resolved in favor of the candidates eligibility, for receiving double pension or compensation, unless the law
to rule otherwise is to defeat the will of the electorate provides otherwise

Amnesty proclamations Santiago v. COA

 Amnesty proclamations should be liberally construed as to  Explained liberal construction or retirement laws
carry out their purpose  Intention is to provide for sustenance, and hopefully even
 Purpose – to encourage to return to the fold of the law of comfort when he no longer has the stamina to continue
those who have veered from the law earning his livelihood
 E.g. in case of doubt as to whether certain persons come  He deserves the appreciation of a grateful government at best
within the amnesty proclamation, the doubt should be concretely expressed in a generous retirement gratuity
resolved in their favor and against the state commensurate with the value and length of his service
 S ame rule applies to pardon since pardon and amnesty is
synonymous Ortiz v. COMELEC
 Issue: whether a commissioner of COMELEC is deemed to
Statutes prescribing prescriptions of crimes have completed his term and entitled to full retirement
 Liberally construed in favor of the accused benefits under the law which grants him 5-year lump-sum
 Reason – time wears off proof and innocence gratuity and thereafter lifetime pension, who “retires from
 Same as amnesty and pardon the service after having completed his term of office,” when
his courtesy resignation submitted in response to the call of
Peo v. Reyes the President following EDSA Revolution is accepted
 Art. 91 RPC – “period of prescription shall commence to run  Held: Yes! Entitled to gratuity
from the day the crime is discovered by the offended,  Liberal construction
authorities, xxx”  Courtesy resignation – not his ow n will but a mere
 When does the period of prescription start – day of discovery manifestation of submission to the will of the political
or registration in the Register of Deeds? authority and appointing power
 Held: From the time of registration
In Re Application for Gratuity Benefits of Associate Justice Efren I  Literal stricture have been relaxed in favor of liberal
Plana construction
 Issue: whether Justice Plana is entitled to gratuity and o Where a rigid application will result in manifest
retirement pay when, at the time of his courtesy resignation failure or miscarriage of justice
was accepted following EDSA Revolution and establishment o Where the interest of substantial justice will be
of a revolutionary government under the Freedom served
Constitution, he lacked a few months to meet the age o Where the resolution of the emotion is addressed
requirement for retirement under the law but had solely to the sound and judicious discretion of the
accumulated a number of leave of credits which, if added to court
his age at the time, would exceed the age requirement
o Where the injustice to the adverse party is not
 Held: yes, entitled to gratuity! Liberal construction applied commensurate with the degree of his
thoughtlessness in not complying with the
In Re Pineda
prescribed procedure
 Explained doctrine laid down in the previous case
 Liberal construction of RC does not mean they may be
 The crediting of accumulated leaves to make up for lack of ignored; they are required to be followed except only for the
required age or length of service is not done discriminately most persuasive reasons
 xxx only if satisfied that the career of the retiree was marked
by competence, integrity, and dedication to the public service Other statutes
In Re Martin  Curative statutes – to cure defects in prior law or to validate
 Issue: whether a justice of the SC, who availed of the legal proceedings which would otherwise be void for want of
disability retirement benefits pursuant to the provision that conformity with certain legal requirements; retroactive
“if the reason for the retirement be any permanent disability  Redemption laws – remedial in nature – construed liberally
contracted during his incumbency in office and prior to the
to carry out purpose, which is to enable the debtor to have
date of retirement he shall receive only a gratuity equivalent
his property applied to pay as many debtor’s liability as
to 10 years salary and allowances aforementioned with no possible
further annuity payable monthly during the rest of the
 Statutes providing exemptions from execution are interpreted
retiree’s natural life” is entitled to a monthly lifetime pension
liberally in order to give effect to their beneficial and
after the 10-year period
humane purpose
 Held: Yes! 10-year lump sum payment is intended to assist
 Laws on attachment – liberally construed to promote their
the stricken retiree meeting his hospital and doctor’s bills
objects and assist the parties obtaining speedy justice
and expenses for his support
 Warehouse receipts – instrument of credit – liberally
 The retirement law aims to assist the retiree in his old age,
construed in favor of a bona fide holders of such receipts
not to punish him for having survived
 Probation laws – liberally construed
o Purpose: to give first-hand offenders a second
Cena v. CSC
chance to maintain his place in society through the
 Issue: whether or not a government employee who has
reached the compulsory retirement age of 65 years, but who process of reformation
has rendered less than 15 years of government service, may  Statute granting powers to an agency created by the
be allowed to continue in the service to complete the 15-year Constitution should be liberally construed for the
service requirement to enable him to retire with benefits of advancement of the purposes and objectives for which it was
an old-age pension under Sec 11(b) PD 1146 created
 However, CSC Memorandum Circular No 27 provides that
“any request for extension of compulsory retirees to CHAPTER EIGHT: Mandatory and Directory Statutes
complete the 15-years service requirement for retirement
shall be allowed only to permanent appointees in the career IN GENERAL
service who are regular members of the GSIS and shall be
granted for a period not exceeding 1 year Generally
 Held: CSC Memorandum Circular No 27 unconstitutional! It  Mandatory and directory classification of statutes –
is an administrative regulation which should be in harmony importance: what effect should be given to the mandate of a
with the law; liberal construction of retirement benefits statute

Rules of Court Mandatory and directory statutes, generally

 RC are procedural – to be construed liberally  Mandatory statute – commands either positively that
something be done in a particular way, or negatively that
 Purpose of RC – the proper and just determination of a
something be not done; it requires OBEDIENCE, otherwise
litigation
void
 Procedural laws are no other than technicalities, they are
adopted not as ends in themselves but as means conducive to  Directory statute – permissive or discretionary in nature and
the realization of the administration of law and justice merely outlines the act to be done in s uch a w ay that no
injury can result from ignoring it or that its purpose can be
 RC should not be interpreted to sacrifice substantial rights at
accomplished in a manner other than that prescribed and
the expense of technicalities
substantially the same result obtained; confer direction upon
a person; non-performance of what it prescribes will not
Case v. Jugo
vitiate the proceedings therein taken
 Lapses in the literal observance of a rule of procedure will
be overlooked when they do not involve public policy; when When statute is mandatory or directory
they arose from an honest mistake or unforeseen accident;
 No absolute test to determine whether a statute is directory or
when they have not prejudiced the adverse party and have mandatory
not deprived the court of its authority
 Final arbiter – legislative intent
  Legislative intent does not depend on the form of the statute;  The import of the word ultimately depends upon a
must be given to the entire statute, its object, purpose, consideration of the entire provision, its nature, object and
legislative history, and to other related statutes the consequences that would follow from construing it one
 Mandatory in form but directory in nature – possible way or the other
 Whether a statute is mandatory or directory depends on
whether the thing directed to be done is of the essence of the Loyola Grand Villa Homeowners (South) Assn., Inc. v. CA
thing required, or is a mere matter of form, what is a matter  “must” construed as directory
of essence can often be determined only by judicial  Corporation Code Sec 46 reads “ every corporation formed
construction under this Code M U S T within one month after receipt of
o Considered directory – compliance is a matter of official notice of the issuance of its certification of
convenience; where the directions of a statute are incorporation with the SEC, adopt a code of by-laws for its
given merely w ith a view to the proper, orderly government not inconsistent with this Code”
and prompt conduct of business; no substantial  P D 902-A which is in pari material with the Corporation
rights depend on it Code states that the non-filing of the by-laws does not imply
o Considered mandatory – a provision relating to the the “demise” of the corporation; that there should be a notice
essence of the thing to be done, that is, to matters and hearing before the certificate of registration may be
of substance; interpretation shows that the cancelled by the failure to file the by-laws
legislature intended a compliance with such
provision to be essential to the validity of the act or  One test whether mandatory or directory compliance must be
proceeding, or when some antecedent and made – whether non-compliance with what is required will
prerequisite conditions must exist prior to the result in the nullity of the act; if it results in the nullity, it is
exercise of the power, or must be performed before mandatory
certain other powers can be exercised
Director of Land v. CA
Test to determine nature of statute  Law requires in petitions for land registration that “upon
 Test is to ascertain the consequences that will follow in case receipt of the order of the court setting the time for initial
w hat the statute requires is not done or w hat it forbids is hearing to be published in the OG and once in a newspaper
performed of general circulation in the Philippines”
 Does the law give a person no alternative choice? – if yes,  Law expressly requires that the initial hearing be published
then it is mandatory in the O G A N D in the newspaper of general circulation –
 Depends on the effects of compliance reason: OG is not as widely read of the newspaper of general
o If substantial rights depend on it and injury can circulation
result from ignoring it; intended for the protection  “shall” is imperative/ mandatory
of the citizens and by a disregard of which their  Without initial hearing being published in a newspaper of
rights are injuriously affected – mandatory general circulation is a nullity
o Purpose is accomplis hed in a manner other than
that prescribed and substantially the same results Use of “may”
obtained - directory  An auxiliary verb showing opportunity or possibility
 Statutes couched in mandatory form but compliance is  Generally, directory in nature
merely directory in nature  Used in procedural or adjective laws; liberally construed
o If strict compliance will cause hardship or injustice  Example: Sec 63 of the corporation Code – “shares of stock
on the part of the public who is not at fault so issued are personal property and MAY be transferred by
o If it will lead to absurd, impossible, or mischievous delivery of the certificate or certificated endorsed by the
consequences owner
 If an officer is required to do a positive o “may” is merely directory and that the transfer of
act but fails because such actions will the shares may be effected in a manner different
lead to the aforementioned, he will only from that provided for in law
be subject to administrative sanction for
his failure to do what the law requires When “shall” is construed as “may” and vice versa
 Rule: “may” should be read “shall”
o where such construction is necessary to give effect
to the apparent intention of the legislature
Language used o where a statute provides for the doing os some act
 Generally mandatory – command words which is required by justice r public duty
o Shall or Shall not o where it vests a public body or officer with power
o Must or Must not and authority to take such action which concerns
o Ought or Ought not for the public interest or rights of individuals
o Should or Should not  Rule: “shall” should be read “may”
o Can or Cannot o When s o required by the context or by the
 Generally directory – permissive words intention of the legislature
o May or May not o When no public benefit or private right requires
that it be given an imperative meaning
Use of “shall” or “must”
 Generally, “shall” and “must” is mandatory in nature Diokno v. Rehabilitiation Finance Corp
 If a different interpretation is sought, it must rest upon  Sec. 2 RA 304 reads “banks or other financial institutions
something in the character of the legislation or in the context owned or controlled by the Government SHALL, subject to
which will justify a different meaning
 availability of funds xxx accept at a discount at not more  Held as absolutely indispensable to the prevention of
than 20% for 10 years of such backpay certificate” needless delays and to the orderly and speedy discharge or
 “Shall” implies discretion because of the phrase “subject to business, and are necessary incident to the proper, efficient,
availability of funds” and orderly discharge of judicial functions
 Strict not substantial compliance
Govermnent v. El Hogar Filipino  Not waivable, nor can they be the subject of agreements or
 Corporation Codes reads “SHALL, upon such violation stipulation of litigants
being proved, be dissolved by quo warranto proceedings”
 “Shall” construed as “may” Reyes v. COA
 Sec. 187 RA 7160 – process of appeal of dissatisfied
Berces, Sr. v. Guingona taxpayer on the legality of tax ordinance
 Sec. 68 Ra 7160 (LG C) provides that an appeal from an o Appeal to the Sec of Justice within 30 days of
adverse decision against a local elective official to the effectivity of the tax ordinance
President “S H A LL not prevent a decision from becoming o If Sec of Justice decides the appeal, a period of 30
final and executor” days is allow ed for an aggrieved party to go to
 “Shall” is not mandatory because there is room to construe court
said provision as giving discretion to the reviewing officials o If the Sec of Justice does not act thereon, after the
to stay the execution of the appealed decision lapse of 60 days, a party could already proceed to
seek relief in court
Use of negative, prohibitory or exclusive terms  Purpose of mandatory compliance: to prevent delays and
 A negative statute is mandatory; expressed in negative words enhance the speedy and orderly discharge of judicial
or in a form of an affirmative proposition qualified by the functions
word “only”
 “only” exclusionary negation  Unless the requirements of law are complied with, the
 Prohibitive or negative words can rarely, if ever, be decision of the lower court will become final and preclude
discretionary the appellate court from acquiring jurisdiction to review it
 Interest reipiciae ut sit finis litium – public interest requires
that by the very nature of things there must be an end to a
legal controversy
MANDATORY STATUTES
Gachon v. Devera, Jr
Statutes conferring power
 Generally regarded as mandatory although couched in a
 Issue: whether Sec 6 of the Rule on Summary Procedure,
permissive form which reads “ should the defendant fail to answer the
 Should construe as imposing absolute and positive duty complaint within the period above provided, the Court, motu
proprio, or on motion of the plaintiff, SHALL render
rather than conferring privileges
judgment as may be warranted by the facts alleged in the
 Power is given for the benefit of third persons, not for the
complaint and limited to what is prayed for therein,” is
public official
mandatory or directory, such that an answer filed out of time
 G ranted to meet the demands of rights, and to prevent a may be accepted
failure of justice
 Held: mandatory
 Given as a remedy to those entitled to invoke its aid o Must file the answer within the reglementary
period
Statutes granting benefits
o Reglementary period shall be ‘non-extendible’
 Considered mandatory
 Failure of the person to take the required steps or to meet the o Otherwise, it would defeat the objective of
conditions will ordinarily preclude him from availing of the expediting the adjudication of suits
statutory benefits
Statutes prescribing procedural requirements
 Vigilantibus et non dormientibus jura subveniunt – the laws
 Construed mandatory
aid the vigilant, not those who slumber on their rights  Procedure relating to jurisdictional, or of the essence of the
 Potior est in tempoe, potior est in jure – he who is first in proceedings, or is prescribed for the protection or benefit of
time is preferred in right the party affected
 Where failure to comply with certain procedural
Statutes prescribing jurisdictional requirements requirements will have the effect of rendering the act done in
 Considered mandatory connection therewith void, the statute prescribing such
 Examples requirements is regarded as mandatory even though the
o Requirement of publication language is used therein is permissive in nature
o Provision in the Tax Code to the effect that before
an action for refund of tax is filed in court, a De Mesa v. Mencias
written claim therefore shall be presented with the  Sec 17, Rule 3 RC – “after a party dies and the claim is not
CIR within the prescribed period is mandatory and thereby extinguished, the court shall order, upon proper
failure to comply with such requirement is fatal to notice, the legal representative of the deceased to appear and
the action to be substituted xxx. If legal representative fails to appear
xxx, the court MAY order the opposing party to produce the
Statutes prescribing time to take action or to appeal appointment of a legal representative xxx”
 Generally mandatory  Although MAY was used, provision is mandatory
  Procedural requirement goes to the very jurisdiction of the
court, for “unless and until a legal representative is for him is DIRECTORY STATUTES
duly named and within the jurisdiction of the trial court, no
adjudication in the cause could have been accorded any Statutes prescribing guidance for officers
validity or the binding effect upon any party, in  Regulation designed to secure order, system, and dispatch in
representation of the deceased, without trenching upon the proceedings, and by a disregard of which the rights of parties
fundamental right to a day in court which is the very essence interested may not be injuriously affected – directory
of the constitutionally enshrined guarantee of due process o Exception – unless accompanied by negative
words importing that the acts required shall not be
Election
laws on conduct of election done in any other manner or time than that
 Construed as mandatory designated
 Before election – mandatory
 After election – directory, in support of the result unless of a Statutes prescribing manner of judicial action
character to affect an obstruction to the free and intelligent  Construed directory
casting of the votes, or to the ascertainment of the result, or  Procedure is secondary in importance to substantive right
unless it is expressly declared by the statute that the  Generally, non-compliance therewith is not necessary to the
particular act is essential to the validity of an election, or that validity of the proceedings
its omission shall render it void (whew, and haba!)
 When the voters have honestly cast their ballots, the same Statutes requiring rendition of decision within prescribed period
should not be nullified simply because the officers appointed  Sec 15(1) Art. VIII, 1987 Constitution – the maximum
under the law to direct the elections and guard the purity of period w ithin w hich a case or matter shall be decided or
the ballot have not done their duty resolved from the date of its submission shall be
 For where a candidate has received popular mandate, o 24 months – SC
overwhelmingly and clearly expressed, all possible doubts o 12 months – lower collegiate courts
should be resolved in favor of the candidates eligibility, for o 3 months – all other lower courts
to rule otherwise is to defeat the will of the electorate
 Sec 7 Art. IX-A, 1987 Constitution –
o 60 days from the date of its submission for
Delos Reyes v. Rodriguez
 The circumstance that the coupon bearing the number of the resolution – for all Constitutional Commissions
ballot is not detached at the time the ballot is voted, as  Before the Constitution took effect - Statutes requiring
required by law, does not justify the court in rejecting the rendition of decision within prescribed period – Directory
ballot o Except
 intention to the contrary is manifest
Election laws on qualification and disqualification  time is of the essence of the thing to be
 The rule of “before-mandatory and after-directory” in done
election laws only applies to procedural statutes;  language of the statute contains negative
 Not applicable to provisions of the election laws prescribing words
the time limit to file certificate of candidacy and the  designation of the time was intended as a
qualifications and disqualifications of elective office – limitation of power, authority or right
considered mandatory even after election  always look at intent to ascertain whether to give the statute
a mandatory or directory construction
Statutes prescribing qualifications for office o basis: EX P ED IEN CY – less injury results to the
 Eligibility to a public office is of a continuing nature and general public by disregarding than enforcing the
must exist at the commencement of the term and during the little of the law and that judges would otherwise
occupancy of the office abstain from rendering decisions after the period to
 Statutes prescribing the eligibility or qualifications of render them had lapsed because they lacked
persons to a public office are regarded as mandatory jurisdiction tot do so
 Example in the book – lawyer-judge; judge-disbarment as
lawyer Querubin v. CA
Statutes relating to assessment of taxes  Statute: appeals in election cases “shall be decided within 3
 Intended for the security of the citizens, or to insure the months after the filing of the case in the office of the clerk of
equality of taxation, or for certainty as to the nature and court”
amount of each other’s tax – MANDATORY  Issue: whether or not CA has jurisdiction in deciding the
o E.g. Statutes requiring the assessor to notify the election case although the required period to resolve it has
taxpayer of the assessment of his property within a expired
prescribed period  Held: yes, otherwise is to defeat the administration of justice
 Those designed merely for the information or direction of upon factors beyond the control of the parties; would defeat
officers or to secure methodical and systematic modes of the purpose of due process; dismissal will constitute
proceedings - DIRECTORY miscarriage of justice; speedy trial would be turned into
denial of justice
Statutes concerning public auction sale o Failure of judge to take action within the said
 Construed mandatory period merely deprives him of their right to collect
 Procedural steps must be strictly followed their salaries or to apply for leaves, but does not
 Otherwise, void deprive them of the jurisdiction to act on the cases
pending before them

Constitutional time provision directory

Marcelino v. Cruz  It is a settled rule in statutory construction that statutes are to
 Sec 15(1) Art. VIII, 1987 Constitution – the maximum be construed as having only prospective operation, unless the
period within w hich a case or matter shall be decided or intendment of the legislature is to give them a retroactive
resolved from the date of its submission shall be effect, expressly declare or necessarily implied from the
o 24 months – SC language used.
o 12 months – lower collegiate courts  No court will hold a statute to be retroactive when the
o 3 months – all other lower courts legislature has not said so.
 Sec 15(1) Art. VIII, 1987 Constitution – directory  Art. 4 of the Civil Code which provides that “Law s shall
have no retroactive effect, unless the contrary is provided.”
 Reasons:
o Statutory provisions which may be thus departed  Lex prospicit, non respicit – the law looks forward, not
from with impunity, without affecting the validity backward
of statutory proceedings, are usually those which  Lex de future, judex de praeterito – the law provides for the
relate to the mode or time of doing that which is future, the judge for the past.
essential to effect the aim and purpose of the  If the law is silent as to the date of its application and that it
legislature or some incident of the essential act – is couched in the past tense does not necessarily imply that it
thus directory should have retroactive effect.
o Liberal construction – departure from strict
compliance would result in less injury to the Grego v. Comelec
general public than would its strict application  A statute despite the generality of its language, must not be
o Courts are not divested of their jurisdiction for so construed as to overreach acts, events, or matters which
failure to decide a case within the 90-day period transpired before its passage
o Only for the guidance of the judges manning our  Statute: Sec.40 of the LGC disqualifying those removed
courts from office as a result of an administrative case from running
o Failure to observe said rule constitutes a ground for local elective positions cannot be applied retroactively.
for administrative sanction against the defaulting  Held: It cannot disqualify a person who was administratively
judge removed from his position prior to the effectivity of said
 A certification to this effect is required Code from running for an elective position.
before judges are allowed to draw their  Rationale: a law is a rule established to guide actions with no
salaries binding effect until it is enacted.

CHAPTER NINE: Prospective and Retroactive Statutes  Nova constitution futuris formam imponere debet non
praeteretis – A new statute should affect the future, not the
IN GENERAL
past.
Prospective and retroactive statutes, defined
 Prospective –
o operates upon facts or transactions that occur after
the statute takes effect
 Prospectivity applies to:
o looks and applies to the future.
o Statutes
 Retroactive – o Administrative rulings and circulars
o Law which creates a new obligation, imposes a
o Judicial decisions
new duty or attaches a new disability in respect to
a transaction already past.  The principle of prospectivity of statutes, original or
amendatory, has been applied in many cases. These include:
o A statute is not made retroactive because it draws
on antecedent facts for its operation, or part of the Buyco v. PNB
requirements for its action and application is drawn
 Statute: RA 1576 which divested the PNB of authority to
from a time antedating its passage.
accept back pay certificates in payment of loans
Umali vs. Estanislao  Held: does not apply to an offer of payment made before
effectivity of the act.
 A law may be made operative partly on facts that occurred
prior to the effectivity of such law without being retroactive.
 Statute: RA 7167- granting increased personal exemptions Lagardo v. Masaganda
from income tax to be available thenceforth, that is, after said
 Held: RA 2613, as amended by RA 3090 O N June 1991,
Act became effective and on or before the deadline for filing
granting inferior courts jurisdiction over guardianship cases,
income tax returns, with respect to compensation income
could not be given retroactive effect in the absence of a
earned or received during the calendar year prior to the date
saving clause.
the law took effect.
Larga v. Ranada Jr.
Castro v. Sagales
 Held: Sec. 9 & 10 of E.O. 90 amending Sec 4 of P.D. 1752
 A retroactive law (in a legal sense)
could have no retroactive application.
o one which takes away or impairs vested rights
acquired under existing laws
Peo v. Que Po Lay
o creates a new obligation and imposes a new duty
 Held: a person cannot be convicted of violating Circular 20
o attaches a new disability in respect of transactions of the Central Bank, w hen the alleged violation occurred
or considerations already past before publication of the Circular on the Official Gazette.

Laws operate prospectively, generally

Baltazar v. CA o Statutes which create new rights
 Held: It denied retroactive application to PD 27 decreeing o Statute expressly provides that it shall apply
the emancipation of tenants from the bondage of the soil, & retroactively
PD 316, prohibiting ejectment of tenants from rice & corn o Where it uses words which clearly indicate its
farmholdings pending promulgation of rules & regulations intent
implementing PD 27  Problem in construction is when it is applied retroactively, to
avoid frontal clash with the Constitution and save the law
Nilo v CA
from being declared unconstitutional.
 Held: removed ‘personal cultivation’ as the ground for
ejectment of a tenant can’t be given retroactive effect in STATUTES GIVEN PROSPECTIVE EFFECT
absence of statutory statement for retroactivity.
Penal statutes, generally
 Applied to administrative rulings & circulars:  Penal laws operate prospectively.
 Art. 21 of the RPC provides that “no felony shall be
ABS-CBN Broadcasting v. CTA punishable by any penalty not prescribed by law prior to its
 Held: a circular or ruling of the CIR cannot be given commission.
retroactive effect adversely to a taxpayer.  Provision is recognition to the universally accepted principle
that no penal law can have a retroactive effect, no act or
Sanchez v. COMELEC omission shall be held to be a crime, nor its author punished,
 Held: the holding of recall proceedings had no retroactive except by virtue of a law in force at the time the act w as
application committed.
Romualdez v. CSC  Nullum crimen sine poena, nulla poena sine legis – there is
 Held: CSC Memorandum Circular No. 29 cannot be given no crime without a penalty, there is no penalty without a law.
retrospective effect so as to entitle to permanent appointment
an employee whose temporary appointment had expired Ex post facto law
before the Circular was issued.  Constitution provides that no ex post facto law shall be
 Applied to judicial decisions for even though not laws, are enacted. It also prohibits the retroactive application of penal
evidence of what the laws mean and is the basis of Art.8 of laws which are in the nature of ex post facto laws.
the Civil Code wherein laws of the Constitution shall form  Ex post facto laws are any of the following:
part of the legal system of the Philippines.
o Law makes criminal an act done before the passage
of the law and which was innocent when done, and
Presumption against retroactivity
punishes such act
 Presumption is that all laws operate prospectively, unless the
o Law which aggravates a crime, makes it greater
contrary clearly appears or is clearly, plainly and
unequivocally expressed or necessarily implied. than it was, when committed
 In case of doubt: resolved against the retroactive operation of o Law w hich changes the punishment & inflicts a
laws greater punishment than that annexed to the crime
 If statute is susceptible of construction other than that of when committed
retroactivity or will render it unconstitutional- the statute will o Law which alters the legal rules of evidence,
be given prospective effect and operation. authorizes conviction upon less or different
 Presumption is strong against substantive laws affecting testimony than the law required at the time of the
pending actions or proceedings. N o substantive statute shall commission of the offense
be so construed retroactively as to affect pending litigations. o Law which assumes to regulate civil rights and
remedies only, but in effect imposes penalty or
Words or phrases indicating prospectivity deprivation of a right for something which when
 Indicating prospective operation: done was lawful
o A statute is to apply “hereafter” or “thereafter” o Law which deprives a person accused of a crime of
o “from and after the passing of this Act” some lawful protection to which he has become
o “shall have been made” entitled, such as protection of a former conviction
or acquittal, or proclamation of amnesty.
o “from and after” a designated date
 Test if ex post facto clause is violated: Does the law sought
 “Shall” implies that the law makes intend the enactment to
to be applied retroactively take from an accused any right
be effective only in future. vital for protection of life and liberty?
 Statutes have no retroactive but prospective effect:  Scope: applies only to criminal or penal matters
o “It shall take effect upon its approval”
 It does NOT apply to laws concerning civil proceedings
o Shall take effect on the date the President shall generally, or which affect or regulate civil or private rights or
have issued a proclamation or E.O., as provided in political privilege
the statute
Alvia v. Sandiganbayan
Retroactive statutes, generally
 Law: as of the date of the effectivity of this decree, any case
 The Constitution does not prohibit the enactment of cognizable by the Sandiganbayan is not an ex post facto law
retroactive statutes which do not impair the obligation of because it is not a penal statute nor dilutes the right of appeal
contract, deprive persons of property without due process of of the accused.
law, or divest rights which have become vested, or which are
not in the nature of ex post facto laws. Bill of attainder
 Statutes by nature which are retroactive:
o Remedial or curative statutes
  Constitution provides that no bill of attainder shall be alleging that his continued imprisonment is illegal pursuant
enacted. to said statute & praying that he be forthwith released.
 Bill of attainder – legislative act which inflicts punishment
without judicial trial  Exceptions to the rule:
 Essence: substitution of a legislative for a judicial o When accused is habitual delinquent
determination of guilt o When statute provides that it shall not apply to
 Serves to implement the principle of separation of powers by existing actions or pending cases
confining the legislature to rule-making & thereby o Where accused disregards the later law & invokes
forestalling legislative usurpation of judicial functions. the prior statute under which he was prosecuted.
 History: Bill of Attainder was employed to suppress  General rule: An amendatory statute rendering an illegal act
unpopular causes & political minorities, and this is the evil prior to its enactment no longer illegal is given retroactive
sought to be suppressed by the Constitution. effect does not apply when amendatory act specifically
 How to spot a Bill of Attainder: provides that it shall only apply prospectively.
o Singling out of a definite minority
o Imposition of a burden on it Statutes substantive in nature
o A legislative intent  Substantive law
o retroactive application to past conduct suffice to o creates, defines or regulates rights concerning life,
stigmatize liberty or property, or the powers of agencies or
instrumentalities for administration of public
 Bill of Attainder is objectionable because of its ex post facto affairs.
features. o that part of law which creates, defines & regulates
 Accordingly, if a statute is a Bill of Attainder, it is also an ex rights, or which regulates rights or duties which
post facto law. give rise to a cause of action
o that part of law w hich courts are established to
When penal laws applied retroactively administer
 Penal laws cannot be given retroactive effect, except when o when applied to criminal law: that which declares
they are favorable to the accused. which acts are crimes and prescribe the
 Art.22 of RP C “penal laws shall have a retroactive effect punishment for committing them
insofar as they favor the person guilty of a felony, who is not o Cannot be construed retroactively as it might affect
a habitual criminal, as this term is defined in Rule 5 Art 62 previous or past rights or obligations
of the Code , although at the time of the application of such  Substantive rights
laws a final sentence has been pronounced and the convict is o One which includes those rights which one enjoys
serving the same.
under the legal system prior to the disturbance of
 This is not an ex post facto law. normal relations.
 Exception to the general rule that all laws operate  Cases with substantive statutes:
prospectively.
 Rule is founded on the principle that: the right of the state to Tolentino v. Azalte
punish and impose penalty is based on the principles of  In the absence of a contrary intent, statutes which lays down
justice. certain requirements to be complied with be fore a case can
 Favorabilia sunt amplianda, adiiosa restrigenda – be brought to court.
Conscience and good law justify this exception.
Espiritu v. Cipriano
 Exception was inspired by sentiments of humanity and
accepted by science.  Freezes the amount of monthly rentals for residential houses
 2 laws affecting the liability of accused: during a fixed period
o In force at the time of the commission of the crime
Spouses Tirona v. Alejo
– during the pendency of the criminal action, a
 Law: Comprehensive Land Reform Law granting
statute is passed
complainants tenancy rights to fishponds and pursuant to
 reducing the degree of penalty which they filed actions to assert rights which subsequently
 eliminating the offense itself amended to exempt fishponds from coverage of statute
 removing subsidiary imprisonment in  Held: Amendatory law is substantive in nature as it exempts
case of insolvency to pay the civil fishponds from its coverage.
liability
 prescription of the offense  Test for procedural laws:
 such statute will be applied o if rule really regulates procedure, the judicial
retroactively and the trial court process for enforcing rights and duties recognized
before the finality of judgment by substantive law & for justly administering
or the appellate court on appeal remedy and redress for a disregard or infraction of
from such judgment should
them
take such statute in
o If it operates as a means of implementing an
consideration.
existing right
o Enacted during or after the trial of the criminal
 Test for substantive laws:
action
o If it takes away a vested right
Director v. Director of Prisons o If rule creates a right such as right to appeal
 When there is already a final judgment & accused is serving Fabian v. Desierto
sentence, remedy is to file petition of habeas corpus,
  Where to prosecute an appeal or transferring the venue of  Inchoate rights which have not been acted on are not vested
appeal is procedural
 Example:
o Decreeing that appeals from decisions of the
Ombudsman in administrative actions be made to  A statute may not be construed and applied retroactively
the Court of Appeals under the following circumstances:
o Requiring that appeals from decisions of the o if it impairs substantive right that has become
NLRC be filed with the Court of Appeals vested;
 Generally, procedural rules are retroactive and are applicable o as disturbing or destroying existing right embodied
to actions pending and undermined at the time of the passage in a judgment;
of the procedural law, while substantive laws are prospective o creating new substantive right to fundamental
cause of action where none existed before and
Effects on pending actions making such right retroactive;
 Statutes affecting substantive rights may not be given o by arbitrarily creating a new right or liability
retroactive operation so as to govern pending proceedings. already extinguished by operation of law
 Law creating a new right in favor of a class of persons may
Iburan v. Labes not be so applied if the new right collides with or impairs
 Where court originally obtains and exercises jurisdiction, a any vested right acquired before the establishment of the new
later statute restricting such jurisdiction or transferring it to right nor, by the terms of which is retroactive, be so applied
another tribunal will not affect pending action, unless statute if:
provides & unless prohibitory words are used. o it adversely affects vested rights
o unsettles matter already done as required by
Lagardo v. Masagana existing law
 Where court has no jurisdiction over a certain case but o works injustice to those affected thereby
nevertheless decides it, from which appeal is taken, a statute
enacted during the pendency of the appeal vesting Benguet Consolidated Mining Co v. Pineda
jurisdiction upon such trial court over the subject matter or  While a person has no vested right in any rule of law
such case may not be given retroactive effect so as to entitling him to insist that it shall remain unchanged for his
validate the judgment of the court a quo, in the absence of a benefit, nor has he a vested right in the continued existence
saving clause. of a statute which precludes its change or repeal, nor in any
omission to legislate on a particular matter, a subsequent
Republic v. Prieto statute cannot be so applied retroactively as to impair his
 Where a complaint pending in court is defective because it right that accrued under the old law.
did not allege sufficient action, it may not be validated by a  Statutes must be so construed as to sustain its
subsequent law which affects substantive rights and not constitutionality, and prospective operation will be presumed
merely procedural matters. where a retroactive application will produce invalidity.

 Rule against the retroactive operation of statutes in general

applies more strongly with respect to substantive laws that
affect pending actions or proceedings. Peo v. Patalin
 The abolition of the death penalty and its subsequent re-
Qualification of rule imposition. Those accused of crimes prior to the re-
 A substantive law will be construed as applicable to pending imposition of the death penalty have acquired vested rights
actions if such is the clear intent of the law. under the law abolishing it.
 To promote social justice or in the exercise of police power,  Courts have thus given statutes strict constriction to prevent
is intended to apply to pending actions their retroactive operation in order that the statutes would not
 As a rule, a case must be decided in the light of the law as it impair or interfere with vested or existing rights. Accused-
exists at the time of the decision of the appellate court, where appellant ‘s rights to be benefited by the abolition of the
the statute changing the law is intended to be retroactive and death penalty accrued or attached by virtue of Article 22 of
to apply to pending litigations or is retroactive in effect the Revised Penal Code. This benefit cannot be taken away
 This rule is true though it may result in the reversal of a from them.
judgment which as correct at the time it was rendered by the
trial court. The rule is subject to the limitation concerning Statutes affecting obligations of contract
constitutional restrictions against impairment of vested rights  Any contract entered into must be in accordance with, and
not repugnant to, the applicable law at the time of execution.
Statutes affecting vested rights Such law forms part of, and is read into, the contract even
 A vested right or interest may be said to mean some right or without the parties expressly saying so.
interest in property that has become fixed or established and  Laws existing at the time of the execution of contracts are
is no longer open to doubt or controversy the ones applicable to such transactions and not later statutes,
 Rights are vested w hen the right to enjoyment, present or unless the latter provide that they shall have retroactive
prospective, has become the property of some particular effect.
person or persons, as a present interest  Later statutes will not, however, be given retroactive effect if
 The right must be absolute, complete and unconditional, to do so will impair the obligation of contracts, for the
independent of a contingency Constitution prohibits the enactment of a law impairing the
 A mere expectancy of future benefit or a contingent interest obligations of contracts.
in property founded on anticipated continuance of existing  Any law which enlarges, abridges, or in any manner changes
laws does not constitute a vested right the intention of the parties necessarily impairs the contract
itself
  A statute which authorizes any deviation from the terms of law to the case of defendant-appellant s as to deprive him of
the contract by postponing or accelerating the period of the agreed fee would be arbitrary and unreasonable as
performance which it prescribes, imposing conditions not destructive of the inviolability of contracts, and therefore
expressed in the contract, or dispensing with those which are invalid as lacking in due process; to penalize him for
however minute or apparently immaterial in their effect upon collecting such fees, repugnant to our sense of justice.”
the contract, impairs the obligation, and such statute should
not therefore be applied retroactively. Repealing and amendatory acts
 As between two feasible interpretations of a statute, the court  Statutes which repeal earlier or prior laws operate
should adopt that which will avoid the impairment of the prospectively, unless the legislative intent to give them
contract. retroactive effect clearly appears.
 If the contract is legal at it inception, it cannot be rendered  Although a repealing state is intended to be retroactive, it
illegal by a subsequent legislation. will not be so construed if it will impair vested rights or the
 A law by the terms of w hich a transaction or agreement obligations of contracts, or unsettle matters that had been
would be illegal cannot be given retroactive effect so as to legally done under the old law.
nullify such transactions or agreement executed before said  Repealing statutes which are penal in nature are generally
law took effect. applied retroactively if favorable to the accused, unless the
contrary appears or the accused is otherwise not entitled to
U.S. Tobacco Corp. v. Lina the benefits of the repealing act.
 The importation of certain goods without import license  While an amendment is generally construed as becoming a
which was legal under the law existing at the time of part of the original act as if it had always been contained
shipment is not rendered illegal by the fact that w hen the therein , it may not be given a retroactive effect unless it is
goods arrived there was already another law prohibiting so provided expressly or by necessary implication and no
importation without import license. To rule otherwise in any vested right or obligations of contract are thereby impaired.
of these instances is to impair the obligations of contract.  The general rule on the prospective operation of statutes also
applies to amendatory acts

San Jose v. Rehabilitation Finance Corp

 RA 401 which condoned the interest on pre-war debts from
January 1, 1942 to December 31, 1945 amended by RA 671
on June 16, 1951 by virtually reenacting the old law and
Illustration of rule providing that “if the debtor, however, makes voluntary
payment of the entire pre-war unpaid principal obligation on
People v. Zeta or before December 31, 1952, the interest on such principal
 Existing law: authorizing a lawyer to charge not more than obligation corresponding fr om January 1, 1946 to day of
5% of the amount involved as attorney’s fees in the payment are likewise condoned”
prosecution of certain veteran’s claim.  Held: a debtor who paid his pre-war obligation together with
 Facts: A lawyer entered into a contract for professional the interests on March 14, 1951 or before the amendment
services on contingent basis and actually rendered service to w as approved into law , is not entitled to a refund of the
its successful conclusion. Before the claim was collected, a interest paid from January 1, 1946 to March 14, 1951 the
statute was enacted. date the debtor paid the obligation.
 New statute: Prohibiting the collection of attorney’s fees for  Reason:
services rendered in prosecuting veteran’s claims. o “makes voluntary payment” – denotes a present or
 Issue: For collecting his fees pursuant to the contract for future act; thereby not retroactively
professional services, the lawyer was prosecuted for o “unpaid principal obligation” and “condone” –
violation of the statute.
imply that amendment does not cover refund of
 Held: In exonerating the lawyer, the court said: the statute interests paid after its approval.
prohibiting the collection of attorney’s fees cannot be applied
retroactively s o as to adversely affect the contract for
CIR v. La Tondena
professional services and the fees themselves.
 Statute: imposes tax on certain business activities is amended
 The 5% fee was contingent and did not become absolute and by eliminating the clause providing a tax on some of such
unconditional until the veteran’s claim had been collected by activities, and the amended act is further amended, after the
the claimant w hen the statute w as already in force did no lapse of length of time, by restoring the clause previously
alter the situation. eliminated, which requires that the last amendment should
 For the “distinction between vested and absolute rights is not not be given retroactive effect so as to cover the whole
helpful and a better view to handle the problem is to declare period.
those statutes attempting to affect rights which the courts
find to be unalterable, invalid as arbitrary and unreasonable, Imperial v. CIR
thus lacking in due process.”  An amendment which imposes a tax on a certain business
 The 5% fee allowed by the old law is “not unreasonable. which the statute prior to its amendment does not tax, may
Services were rendered thereunder to claimant’s benefits. not be applied retroactively so as to require payment of the
The right to fees accrued upon such rendition. Only the tax on such business for the period prior to the amendment
payment of the fee was contingent upon the approval of the
claim; therefore, the right was contingent. For a right to Buyco v. Philippine National Bank
accrue is one thing; enforcement thereof by actual payment  Issue: can Buyco compel the P N B to accept his backpay
is another. The subsequent law enacted after the rendition of certificate in payment of his indebtedness to the bank
the services should not as a matter of simple justice affect the
 April 24, 1956- RA 897 gave Buyco the right to have said
agreement, which was entered into voluntarily by the parties
certificate applied in payment of is obligation thus at that
as expressly directed in the previous law. To apply the new
time he offered to pay with his backpay certificate.
  June 16, 1956, RA 1576 was enacted amending the charter
of the PNB and provided that the bank shall have no Alday v. Camillon
authority to accept backpay certificate in payment of  Provision: BP 129- “nor record or appeal shall be required to
indebtedness to the bank. take an appeal.” (procedural in nature and should be applied
 Held: The Court favored Buyco. All statutes are construed as retroactively)
having prospective operation, unless the purpose of the  Issue: Whether an appeal from an adverse judgment should
legislature is to give them retroactive effect. be dismissed for failure of appellant to file a record on
 This principle also applies to amendments. RA 1576 does appeal within 30 days as required under the old rules.
not contain any provision regarding its retroactive effect. It  Such question is pending resolution at the time the BP Blg
simply states its effectivity upon approval. The amendment took effect, became academic upon effectivity of said law
therefore, has no retroactive effect, and the present case because the law no longer requires the filing a of a record on
should be governed by the law at the time the offer in appeal and its retroactive application removed the legal
question was made obstacle to giving due course to the appeal.
 The rule is familiar that after an act is amended, the original
act continues to be in force with regard to all rights that had Castro v. Sagales
accrued prior to such amendment.  A statute which transfers the jurisdiction to try certain cases
from a court to a quasi-judicial tribunal is a remedial statute
Insular Government v. Frank that is applicable to claims that accrued before its enactment
 Where a contract is entered into by the parties on the basis of but formulated and filed after it took effect.
the law then prevailing, the amendment of said law will not  Held: The court that has jurisdiction over a claim at the time
affect the terms of said contract. it accrued cannot validly try to claim where at the time the
 The rule applies even if one of the contracting parties is the claim is formulated and filed, the jurisdiction to try it has
government been transferred by law to a quasi-judicial tribunal.
 Rationale: for even actions pending in one court may be
STATUTES GIVEN RETROACTIVE EFFECT validly be taken away and transferred to another and no
litigant can acquire a vested right to be heard by one
Procedural laws particular court.
 The general law is that the law has no retroactive effect.
 Exceptions:  An administrative rule: which is interpretative of a pre-
o procedural laws
existing statue and not declarative of certain rights with
o curative laws, which are given retroactive obligations thereunder is given retroactive effect as of the
operation date of the effectivity of the statute.
 Procedural laws
o adjective laws which prescribe rules and forms of Atlas Consolidated Mining & Development Corp. v. CA
procedure of enforcing rights or obtaining redress  Issue: whether a trial court has been divested of jurisdiction
for their invasion to hear and decide a pending case involving a mining
o they refer to rules of procedure by which courts controversy upon the promulgation of PD 1281 which vests
applying laws of all kinds can properly administer upon the Bureau of Mines Original and exclusive jurisdiction
injustice to hear and decide mining controversies.
o they include rules of pleadings, practice and  Held: Yes. PD 1281 is a remedial statute.
evidence  It does not create new rights nor take away rights that are
o Applied to criminal law, they provide or regulate already vested. It only operates in furtherance of a remedy or
the steps by which one who commits a crime is to confirmation of rights already in existence.
be punished.  It does not come within the legal purview of a prospective
o Remedial statutes or statutes relating to modes of law. A s such, it can be given retrospective application of
procedure- which do not create new or take away statutes.
vested rights, but only operate in furtherance of the  Being procedural in nature, it shall apply to all actions
remedy or confirmation of the rights already pending at the time of its enactment except only with respect
existing, do not come within the legal conception to those cases which had already attained h character of a
of a retroactive law, or the general rule against the final and executor judgment.
retroactive operation of statutes.  Were it not so, the purpose of the Decree, which is to
o A new statute which deals with procedure only is facilitate the immediate resolution of mining controversies
presumptively applicable to all actions – those by granting jurisdiction to a body or agency more adept to
which have accrued or are pending. the technical complexities of mining operations, would be
o Statutes regulating the procedure of the courts will thwarted and rendered meaningless.
be construed as applicable to actions pending and  Litigants in a mining controversy cannot be permitted to
undetermined at the time of their passage. choose a forum of convenience.
 The retroactive application of procedural laws is not:  Jurisdiction is imposed by law and not by any of the parties
o violative of any right of a person who may feel that to such proceedings.
he is adversely affected;  Furthermore, P D 1281 is a special law and under a well-
o nor constitutionally objectionable. accepted principle in stat con, the special law will prevail
over a stature or law of general application.
 Rationale: no vested right may attach to, nor arise from,
procedural laws. Subido, Jr. v. Sandiganbayan
 A person has no vested right in any particular remedy, and a  Court ruled that RA 7975, in further amending P D 1606 as
litigant cannot insist on the application to the trial of his regards the Sandiganbayan’s jurisdiction, mode of appeal,
case, whether civil or criminal, of any other than the existing
and other procedural matters, is clearly a procedural law, i.e.
rules of procedure
 one which prescribes rules and forms of procedure enforcing  the rule to curative statutes is that if the thing omitted or
rights or obtaining redress for their invasion, or those which failed to be done, and which constitutes the defect sought to
refer to rules of procedure by which courts applying laws of be removed or made harmless, is something which the
all kinds can properly administer justice. legislature might have dispensed with by a previous statute,
 The petitioners suggest that it is likewise curative or it may do so by a subsequent one
remedial statute, which cures defects and adds to the means  curative statutes are intended to supply defects, abridge
of enforcing existing obligations. superfluities in existing laws, and curb certain evils. They
 As a procedural and curative statute, RA 7975 may validly are designed and intended, but has failed of expected legal
be given retroactive effect, there being no impairment of consequence by reason of some statutory disability or
contractual or vested rights. irregularity in their own action. They make valid that which,
before the enactment of the statute, was invalid.
Martinez v. People  Their purpose is to give validity to acts done that would have
 Statutes regulating the procedure of the courts will be been invalid under existing laws, as if existing laws have
construed as applicable to actions pending and undermined at been complied with
the time of their passage.
 Where at the time the action was filed, the Rules of Court: “a Frivaldo v. COMELEC
petition to be allowed to appeal as pauper shall not be  (rested the definition of curative statutes)
entertained by the appellate court”
 The subsequent amendment thereto deleting the sentence  Tolentino
implies that the appellate court is no longer prohibited from o those which undertake to cure errors&
entertaining petitions to appear as pauper litigants, and may irregularities, thereby validating judicial judicial or
grant the petition then pending action, s o long as its administrative proceedings, acts of public officers,
requirements are complied with. or private deeds or contracts which otherwise
would not produce their intended consequences by
Exceptions to the rule reason of some statutory disability or failure to
 The rule does not apply where: comply with some technical requirement
o the statute itself expressly or by necessary
implication provides that pending actions are  Agpalo
excepted from it operation, or where to apply it to o curative statutes are healing acts curing defects and
pending proceedings would impair vested rights adding to the means of enforcing existing
o Courts may deny the retroactive application of obligations
procedural laws in the event that to do so would o and are intended to supply defects abridge
not be feasible or would work injustice. superfluities in existing laws& curb certain evils
o Nor may procedural laws be applied retroactively o by their very nature, curative statutes are
to pending actions if to do so would involve retroactive and reach back to the past events to
intricate problems of due process or impair the correct errors or irregularities & to render valid &
independence of the courts. effective attempted acts which would be otherwise
ineffective for the purpose the parties intended
Tayag v. CA  Curative statutes are forms of retroactive legislations which
 Issue: whether an action for recognition filed by an reach back on past events to correct errors or irregularities &
illegitimate minor after the death of his alleged parent when to render valid & effective attempted acts which would be
Art 285 of the Civil Code was still in effect and has otherwise ineffective for the purpose the parties intended.
remained pending Art 175 of the Family Code took effect Erectors, Inc. v. NLRC (hahhha for the petitioner)
can still be prosecuted considering that Art 175, which is  Statute: EO 111, amended A rt 217 of the Labor Code to
claimed to be procedural in nature and retroactive in widen the workers, access to the government for redress of
application, does not allow filing of the action after the death grievances by giving the Regional Directors & the Labor
of the alleged parent. Arbiters concurrent jurisdiction over cases involving money
 Held: The rule that a statutory change in matters of claims
procedure may affect pending actions and proceedings,  Issue: Amendment created a situation where the jurisdiction
unless the language of the act excludes them from its of the RDs and LAs overlapped.
operation, is not so pervasive that it may be used to validate  Remedy: RA 6715further amended Art 217 by delineating
or invalidate proceedings taken before it goes into effect, their respective jurisdictions. Under RA 6715, the RD has
since procedure must be governed by the law regulating it at exclusive jurisdiction over cases involving claims, provided:
the time the question of procedure arises especially where o the claim is presented by an employer or person
vested rights maybe prejudiced. employed in domestic or household services or
 Accordingly, Art 175 of the Family Code finds no proper household help under the Code.
application to the instant case since it will ineluctably affect o the claimant no longer being employed does not
adversely a right of private respondent and, consequentially,
seek reinstatement
of the minor child she represents, both of which have been
o the aggregate money claim of the employee or
vested w ith the filing of the complaint in court. The trial
court is, therefore, correct in applying the provisions of Art househelper doesn’t exceed P5,000.
285 of the Civil Code and in holding that private All other cases are within the exclusive jurisdiction of the
respondent’s cause of action has not yet prescribed.” Labor Arbiter.
 Held: EO 111 & RA 6715 are therefore curative statutes.
Curative statutes  A curative statute is enacted to cure defects in a prior law or
 curative remedial statutes are healing acts to validate legal proceedings, instruments or acts of public
 they are remedial by curing defects and adding to the means authorities which would otherwise be void for want of
of enforcing existing obligations conformity with certain existing legal requirements
Adong v. Cheong Seng Gee
 Statutes intended to validate what otherwise void or invalid Tatad v. Garcia Jr.
marriages, being curative, will be given retroactive effect.  Issue: Where there is doubt as to whether government
agency under the then existing law, has the authority to enter
Santos v. Duata intoa negotiated contract for the construction of a
 Statute which provides that a contract shall presumed an government project under the build-lease-and transfer
equitable mortgage in any of the cases therein enumerated, scheme
and designed primarily to curtail evils brought about by  Held: The subsequent enactment of a statute which
contracts of sale with right of repurchase, is remedial in recognizes direct negotiation of contracts under such
nature & will be applied retroactively to cases arising prior to arrangement is a curative statute.
the effectivity of the statute.  As all doubts and procedural lapses that might have attended
 the negotiated contract have been cured by the subsequent
statute
Abad v. Phil American General Inc.
 Where at the time action is filed in court the latter has no Limitations of rule
jurisdiction over the subject matter but a subsequent statute  remedial statutes will not be given retroactive effect if to do
clothes it with jurisdiction before the matter is decided. so would impair the obligations of contract or disturb vested
 The statute is in the nature of a curative law with retroactive rights
operation to pending proceedings and cures the defect of lack  only administrative or curative features of the statute as will
of jurisdiction of the court at the commencement of the not adversely affect existing rights will be given retroactive
action. operation
 the exception to the foregoing limitations of the rule is a
remedial or curative statute which is enacted as a police
Legarda v. Masaganda power measure
 Where a curative statute is enacted after the court has  Statutes of this type may be given retroactive effect even
rendered judgment, which judgment is naturally void as the though they impair vested rights or the obligations of
court has at the time no jurisdiction over the subject of the contract, if the legislative intent is to give them retrospective
action, the enactment of the statute conferring jurisdiction to operation
the court does not validate the void judgment for the  Rationale: The constitutional restriction against impairment
legislature has no power to make a judgment rendered
against obligations of contract or vested rights does not
without jurisdiction of a valid judgment.
preclude the legislature from enacting statutes in the exercise
of its police power
Frivaldo v. COMELEC
 (an example considered curative & remedial as well as one Police power legislations
which creates new rights & new remedies, generally held to
 as a rule, statutes which are enacted in the exercise of police
e retroactive in nature- P D 725, which liberalizes the
power to regulate certain activities, are applicable not only to
procedure of repatriation)
those activities or transactions coming into being after their
 Held: PD 725 & the re-acquisition of the Filipino citizenship
passage, but also to those already in existence
by administrative repatriation pursuant to said decree is
retroactive.  Rationale: the non-impairment of the obligations of contract
or of vested rights must yield to the legitimate exercise of
De Castro v. Tan power, by the legislature, to prescribe regulations to promote
 Held: what has been given retroactive effect in Frivaldo is the health, morals, peace, education, good order, safety and
general welfare of the people
not only the law itself but also Phil. Citizenship re-acquired
 A ny right acquired under a statute or under a contract is
pursuant to said law to the date of application for
subject to the condition that it may be impaired by the state
repatriation, which meant that his lack of Filipino citizenship
in the legitimate exercise of its police power, since the
at the time he registered as a voter, one of the qualification is
reservation of the essential attributes of sovereign power is
as a governor, or at the time he filed his certificate of
deemed read into every statute or contract as a postulate of
candidacy for governorship, one of the qualification is as a
the legal order
governor, was cured by the retroactive application of his
repatriation.
Statutes relating to prescription
 General rule: a statute relating to prescription of action,
Republic v. Atencio
being procedural in nature, applies to all actions filed after its
 Curative statute: one which confirms, refines and validate the
effectivity. In other words, such a statute is both:
sale or transfer of a public land awarded to a grantee, which
o prospective in the sense that it applies to causes
a prior law prohibits its sale within a certain period &
otherwise invalid transaction under the old law. that accrued and will accrue after it took effect, and
o retroactive in the sense that it applies to causes that
Municipality of San Narciso, Quezon v. Mendez accrued before its passage
 Statute: Sec. 442(d) of the Local Government Code of 1991,  However, a statute of limitations will not be given
provides that municipal districts organized pursuant to retroactive operation to causes of action that accrued prior to
presidential issuances or executive orders & which have their its enactment if to do s o w ill remove a bar of limitation
respective sets of elective municipal officials holding at the which has become complete or disturb existing claims
time of the effectivity of the code shall henceforth be without allowing a reasonable time to bring actions thereon
considered as a regular municipalities
 This is a curative statute as it validates the creation of Nagrampa v. Nagrampa
municipalities by EO which had been held to be an invalid  Statute: Art. 1116 of the Civil Code: “prescription already
usurpation of legislative power. running before the effectivity of this Code shall be governed
 by laws previously in force; but if since the time this Code Labor not later than March 31, 1975, otherwise shall be
took effect the entire period herein required for prescription barred forever.”
should elapse, the present Code shall be applicable even  Held: Provision doesn’t apply to workmen’s compensation
though by the former laws a longer period might be that accrued before Labor Code took effect, even if claims
required.” were not filed not later than March 31, 1975.
 Held: The provision is retroactive since it applied to a cause  Rationale: prescriptive period for claims which accrued
that accrued prior to its effectivity which when filed has under WCA as amended 10 yrs. which is “a right found on
prescribed under the new Civil Code even though the period
statute” & hence a vested right, that cannot be impaired by
of prescription prescribed under the old law has not ended at the retroactive application of the Labor Code.
the time the action is filed in court
 The fact that the legislature has indicated that the statute
relating to prescription should be given retroactive effect will Comparison of Billones and Corales
not warrant giving it if it will impair vested rights
 Statute of limitations prescribing a longer period to file an Billones Corales
action than that specified under the law may not be construed
as having retroactive application if it will revive the cause While Court said that such right Court considered the right to
that already prescribed under the old statute for it will impair to bring an action accrued under prosecute the action that accrued
vested rights against whom the cause is asserted. the old law is not vested right, it under the old law as one founded
 Statute which shorten the period of prescription & requires did not say that the right is one on law & a vested right.
that causes which accrued prior to its effectivity be protected by the due process
prosecuted or filed not later than a specific date may not be clause of the Constitution.
construed to apply to existing causes which pursuant to the
old law under which they accrued, will not prescribe until a For BOTH cases: In solving how Court construed the statute of
much longer period than that specified in the later enactment to safeguard the right to bring limitations as inapplicable to the
because the right to bring an action is founded on law which action whose prescriptive period action that accrued before the
has become vested before the passage of the new statute of to institute it has been shortened law took effect.
limitations by law? (It is generally held that the court
Gave the claimants whose rights has no power to read into the law
Apparently conflicting decisions on prescription have been affected, one year something which the law itself
from the date the law took effect did not provide expressly or
Billones v. CIR within which to sue their claims. impliedly. Corales case seems to
 Issue: whether Sec. 7A of Common wealth A ct 144, be on firmer grounds.
amended by RA 1993, to the effect that “any action to Prescription in criminal and civil cases
enforce an cause (i.e. non payment of wages or overtime  General rule: laws on prescription of actions apply as well to
compensation) under this Act shall be commenced within 3 crimes committed before the enactment as afterwards. There
years after such cause of action accrued, otherwise it shall be is, however, a distinction between a statute of limitations in
forever barred. Provided, however, that actions already criminal actions and that of limitations in civil suits, as
commenced before the effective day of this Act shall not be regards their construction.
affected by the period herein prescribed.  In CIVIL SUIT- statute is enacted by the legislature as an
 As statute shortened the period of prescription from 6 to 3 impartial arbiter, between two contending parties. In the
yrs. from the date the cause of action accrued, it was construction of such statute, there is no intendment to be
contended that to give retroactive effect would impair vested made in favor of either party. N either grants right to the
rights since it would operate to preclude the prosecution of other; there is therefore no grantor against whom no ordinary
claims that accrued more than 3 but less than 6 yrs. presumptions of construction are to be made.
 Held: a statute of limitations is procedural in nature and no  CRIMINAL CASES: the state is the grantor, surrendering by
vested right can attach thereto or arise therefrom. act of grace its right to prosecute or declare that the offense
 When the legislature provided that “actions already is no longer subject of prosecution after the prescriptive
commenced before the effectivity of this Act shall not be period. Such statutes are not only liberally construed but are
affected by the period herein prescribed,” it intended to apply applied retroactively if favorable to the accused.
the statute to all existing actions filed after the effectivity of
the law. Statutes relating to appeals
 Because the statute shortened the period within which to  The right to appeal from an adverse judgment, other than that
bring an action & in order to violate the constitutional which the Constitution grants, is statutory and may be
mandate, claimants are injuriously affected should have a restricted or taken away
reasonable period of 1 yr. from time new statute took effect  A statute relating to appeals is remedial or procedural in
within which to sue on such claims. nature and applies to pending actions in which no judgment
has yet been promulgated at the time the statute took effect.
Corales v. Employee’s Compensation Commission  Such statute, like other statutes, may not however be
 Same issue on Billones but Court arrived at a different construed retroactively so as to impair vested rights. Hence,
conclusion. a statute which eliminates the right to appeal and considers
 Issue: Whether a claim for workmen’s compensation which the judgment rendered in a case final and unappealable,
accrued under the old Workmen’s Compensation Act (WCA) destroys the right to appeal a decision rendered after the
but filed under after March 31, 1975 is barred by the statute went into effect, but N O T the right to prosecute an
provision of the New Labor Code which repealed the WCA. appeal that has been perfected before the passage of the law,
 WCA requires that “workmen’s compensation claims for in the latter case, the right of the appellant to appeal has
accruing prior to the effectivity of this Code shall be filed become vested under the old law and may not therefore be
with the appropriate regional offices of the Department of impaired.
  Stature shortening the period for taking appeals is to be  A statute punishing an act which is also a crime under
given prospective effect and may not be applies to pending the RP C provides a penalty as prescribed in the said
proceedings in which judgment has already been rendered at Code, such statute is not a special law but an
the time of its enactment except if there’s clear legislative amendment by implication.
intent.
 When amendment takes effect
Berliner v. Roberts  15 days following its publication in the Official Gazette or
 Where a statute shortened the period for taking appeals form newspaper of general circulation, unless a date is specified
thirty days to fifteen days from notice of judgment, an appeal therein after such publication.
taken within thirty days but beyond fifteen days from notice
of judgment promulgated before the statute took effect is  How amendment is construed, generally
deemed seasonably perfected.  Statute and amendment – read as a whole
 Amendment act is ordinarily construed as if the original
CHAPTER TEN: Amendment, Revision, Codification and Repeal statute has been repealed and a new independent act in the
amended form had been adopted.
AMENDMENT  Amended act is regarded as if the statute has been originally
enacted in it amended form.
 Power to Amend  Read in a connection with other sections as if all had been
 The legislature has the authority to amend, subject to enacted in the same statute.
constitutional requirements, any existing law.  Where an amendment leaves certain portions of an act
 Authority to amend is part of the legislative power to enact, unchanged, such portions are continued in force, with the
alter and repeal laws. same meaning and effect they have before the amendment.
 The S C in the exercise of its rule-making power or of its  Where an amendatory act provides that an existing statute
pow er to interpret the law , has no authority to amend or shall be amended to read as recited in the amendatory act,
change the law, such authority being the exclusive to the such portions of the existing law as are retained either
legislature. literally or substantially

 How amendment effected Estrada v. Caseda

 Amendment – the change or modification, by deletion,  Where a statute which provides that it shall be in force
alteration, of a statute which survives in its amended form. for a period of four years after its approval, the four
 The amendment of a statute is effected by the enactment of years is to be counted from the date the original statute
an amendatory act modifying or altering some provisions of was approved and not from the date the amendatory act
a statute either expressly or impliedly. was amended.
 Express amendment – done by providing in the amendatory
act that specific sections or provisions of a statute be  Meaning of law changed by amendment
amended as recited therein or as common indicated, “to read  A n amended act should be given a construction different
as follows.” from the law prior to its amendment, for its is presumed that
the legislature w ould not have amended it had not it not
 Amendment by implication wanted to change its meaning.
 Every statute should be harmonized with other laws on the  Prior to the introduction of the amendment, the statute had a
same subject, in the absence of a clear inconsistency. different meaning which the amendment changed in all the
 Legislative intent to amend a prior law on the same subject is particulars touching which a material change in the language
shown by a statement in the later act that any provision of of the later act exists.
law that is inconsistent therewith is modified accordingly.  Deliberate selection of language in the amendatory act
 Implied Amendment- when a part of a prior statute different from that of the original act indicates that the
embracing the same subject as the later may not be enforced legislature intended a change in the law or in its meaning.
without nullifying the pertinent provision of the latter in
which event, the prior act is deemed amended or modified to Victorias Milling Co. v. SSS
the extent of repugnancy.  A statutory definition of term containing a general rule
and an exception thereto is amended by eliminating the
Quimpo v. Mendoza exception, the legislative intent is clear that the term
 Where a statute which requires that the annual realty tax should now include the exception within the scope of
on lands or buildings be paid on or before the specified the general rule.
date, subject to penalty of a percentage of the whole
amount of tax in case of delayed payment, is amended Parras v. Land Registration Commissions
by authorizing payment of the tax in four equal  Section of a statute requiring the exact payment of
installments to become due on or before specified dates. publication fees in land registration proceedings, except
 The penalty provision of the earlier statute is modified in cases where the value of the land does not exceed
by implication that the penalty for late payment of an P50,000 is amended by deleting the excepting clause, it
installment under the later law will be collected and means that the statute as amended now requires
computed only on the installment that became due and payment of the publication fees regardless of the value
unpaid, and not on the whole amount of annual tax as of the land involved
provided in the old statute.  Suppression of the excepting clause amount to the
 Legislative intent to change the basis is clear when the withdrawal of the exemption allowed under the original
later law allowed payment in four installments. act.

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

Imperial v. Collector of Internal Revenue  Effect of nullity of prior or amendatory act

 A statute amending a tax law is silent as to whether it  Where a statute which has been amended is invalid, nothing
operates retroactively, the amendment will not be in effect has been amended
giving retroactive effect so as to subject to tax past  The amendatory act, complete by itself, will be considered as
transactions not subject to tax under the original act. an original or independent act.

Diu v. Court of Appeals Government v. Agoncillo

 Statutes relating to procedure in courts are applicable to  Where the amendatory act is declared unconstitutional,
actions pending and undetermined at the time of their it is as if the amendment did not exist, and the original
passage. statute before the attempted amend remains unaffected
and in force.
 Effect of Amendment on Vested Rights
 After a statute is amended, the original act continues to be in REVISION AND CODIFICATION
force with regard to all rights that had accrued prior to the
amendment or to obligations that were contracted under the  Generally
prior act and such rights and obligations will continue to be  Purpose: to restate the existing law s into one statute and
governed by the law before its amendment. simply complicated provisions, and make the laws on the
 Not applied retroactively so as to nullify such rights. subject easily found.
 Construction to harmonize different provisions
 Effect of amendment on jurisdiction  Presumption: author has maintained a consisted philosophy
 Jurisdiction of a court to try cases is determined by the law or position.
in force at the time the action is instituted.  The different provisions of a revised statute or code should
 Jurisdiction remains with the court until the case is finally be read and construed together.
decided therein.  Rule: a code enacted as a single, comprehensive statute, and
is to be cons idered as s uch and not as a series of
Rillaroza v. Arciaga disconnected articles or provisions.
 Absence of a clear legislative intent to the contrary, a
subsequent statute amending a prior act with the effect Lichauco & Co. v. Apostol
of divesting the court of jurisdiction may not be  A irreconcilable conflict between parts of a revised
construed to operate but to oust jurisdiction that has statute or a code, that which is best in accord with the
already attached under the prior law. general plan or, in the absence of circumstances upon
which to base a choice, that which is later in physical
Iburaan v. Labes position, being the latest expression of legislative will,
 Where a court originally obtains and exercises will prevail.
jurisdiction pursuant to an existing law, such
jurisdiction will not be overturned and impaired by the  What is omitted is deemed repealed
subsequent amendment of the law, unless express  all laws and provisions of the old laws that are omitted in the
prohibitory words or words of similar import are used. revised statute or code are deemed repealed, unless the
statute or code provides otherwise
 Applies to quasi-judicial bodies  Reason: revision or codification is, by its very nature and
purpose, intended to be a complete enactment on the subject
Erectors, Inc v. NLRC and an expression of the whole law thereon, which thereby
 PD 1691 and 1391 vested Labor Arbiters with original indicates intent on the part of the legislature to abrogate
and exclusive jurisdiction over all cases involving those provisions of the old laws that are not reproduced in
employer-employee relations, including money claims the revised statute or code.
arising out of any law or contract involving Filipino  Possible only if the revised statute or code was intended to
workers for overseas employment cover the whole subject to is a complete and perfect system
 Facts: An overseas worker filed a money claim against in itself.
his recruiter, and while the case is pending, EO 797 was  Rule: a subsequent statute is deemed to repeal a prior law if
enacted, which vested POEA with original and the former revises the whole subject matter of the former
exclusive jurisdiction over all cases, including money statute.
claims, arising out of law or contract involving Filipino  When both intent and s cope clearly evince the idea of a
workers for overseas employment. repeal, then all parts and provision of the prior act that are
 Issue: whether the decision of the labor arbiter in favor omitted from the revised act are deemed repealed.
of the overseas worker was invalid
 Held: the court sustained the validity of the decision and Mecano v. Commission on Audit
ruled that the labor arbiter still had the authority to  Claim for reimbursement by a government official of
decide the cease because EO 797b did not divest the medical and hospitalization expenses pursuant to
labor arbiter his authority to hear and decide the case Section 699 of the Revised Administration Code of
filed by the overseas worker prior to its effectivity. 1917, which authorizes the head of office to case a
reimbursement of payment of medical and hospital
 expenses of a government official in case of sickness or  Partial repeal – leaves the unaffected portions of the statute
injury caused by or connected directly with the in force.
performance of his official duty.  A particular or specific law, identified by its number of title,
 CoA denied the claim on the ground that A C of 1987 is repealed is an express repeal.
which revised the old AC, repealed Sec. 699 because it  All other repeals are implied repeals.
was omitted the revised code.  Failure to add a specific repealing clause indicates that the
 SC ruled that the legislature did not intend, in enacting intent w as not to repeal any existing law, unless an
the new Code, to repeal Sec. 699 of the old code. irreconcilable inconsistency and repugnancy exist in the
 “All laws, decrees, orders, rules and regulation, or terms of the new and old laws, latter situation falls under the
portions thereof, inconsistent with this Code are hereby category of an implied repeal.
repealed or modified accordingly.”  Repealed only by the enactment of subsequent laws.
 New code did not expressly repeal the old as the new  The change in the condition and circumstances after the
Code fails to identify or designate the act to be repealed. passage of a law which is necessitated the enactment of a
 Two categories of repeal by implication statute to overcome the difficulties brought about by such
 Provisions in the two acts on the same subject matter change does not operate to repeal the prior law, nor make the
that are in irreconcilable conflict. later statute so inconsistent with the prior act as to repeal it.
☺ Later act to the extent of the conflict constitutes an
implied repeal of the earlier  Repeal by implication
 If the later act covers the whole subject of the earlier  Where a statute of later date clearly reveals an intention on
one and is clearly intended as a statute, it will operate to the part of the legislature to abrogate a prior act on the
repeal the earlier law. subject, that intention must be given effect.
 There is no irreconcilable conflict between the two codes on  There must be a sufficient revelation of the legislative intent
the matter of sickness benefits because the provision has not to repeal.
been restated in the New Code.  Intention to repeal must be clear and manifest
 The whereas clause is the intent to cover only those aspects  G eneral rule: the latter act is to be cons trued as a
of government that pertain to administration, organization continuation not a substitute for the first act so far as the two
and procedure, and understandably because of the many acts are the same, from the time of the first enactment.
changes that transpired in the government structure since the  Two categories of repeals by implication
enactment of the old code.  Where provisions in the two acts on the same subject
matter are in an irreconcilable conflict and the later act
 Change in phraseology to the extent of the conflict constitutes an implied repeal
 It is a well settled rule that in the revision or codification of of the earlier.
statutes, neither an alteration in phraseology nor the  If the later act covers the whole subject of the earlier
admission or addition of words in the later statute shall be one and is clearly intended as a substitute, it will
held necessarily to alter the construction of the former acts. operate similarly as a repeal of the earlier act.
 Words which do not materially affect the sense will be
omitted from the statute as incorporated in the revise statute  Irreconcilable inconsistency
or code, or that some general idea will be expressed in brief  Implied repeal brought about by irreconcilable repugnancy
phrases. between two laws takes place when the two statutes cover
 If there has been a material change or omission, w hich the same subject matter; they are so clearly inconsistent and
clearly indicates an intent to depart from the previous incompatible with each other that they cannot be reconciled
construction of the old laws, then such construction as will or harmonized and both cannot be given effect, once cannot
effectuate such intent will be adopted. be enforced without nullifying the other.
 Implied repeal – earlier and later statutes should embrace the
 Continuation of existing laws. same subject and have the same object.
 A codification should be construed as the continuation of the  In order to effect a repeal by implication, the later statute
existing statutes. must be so irreconcilably inconsistent and repugnant with the
 The codifiers did not intend to change the law as it formerly existing law that they cannot be made to reconcile and stand
existed. together.
 The rearrangement of sections or parts of a statute, or the  It is necessary before such repeal is deemed to exist that is be
placing of portions of what formerly was a single section in shown that the statutes or statutory provisions deal with the
seprate sections, does not operate to change the operation, same subject matter and that the latter be inconsistent with
effect of meaning of the statute, unless the changes are of the former.
such nature as to manifest clearly and unmistakably a  the fact that the terms of an earlier and later provisions of
legislative intent to change the former laws. law differ is not sufficient to create repugnance as to
constitute the later an implied repeal of the former.
REPEAL Agujetas v. Court of Appeals
 Fact that Sec 28 of RA 7166 pertaining to canvassing
 Power to repeal by boards of canvassers is silent as to how the board of
 Power to repeal a law is as complete as the power to enact canvassers shall prepare the certificate of canvass and as
one. to what will be its basis, w/c details are provided in the
 The legislature cannot in and of itself enact irrepealable laws second paragraph of Sec231 of the Omnibus Election
or limit its future legislative acts. Code, an earlier statute, “respective boards of
canvassers shall prepare a certificate of canvass duly
 Repeal, generally signed and affixed with the imprint of the thumb of the
 Repeal: total or partial, express or implied right hand of each member, supported by a statement of
 Total repeal – revoked completely the votes and received by each candidate in each polling
 place and on the basis thereof shall proclaim as elected  Rule: a subsequent is deemed to repeal a prior
the candidates who obtained the highest number of law if the former revises the w hole subject
votes coast in the provinces, city, municipality or matter of the former statute.
barangay, and failure to comply with this requirement ☺ When both intent and scope clearly evince the idea
shall constitute an election offense” of a repeal, then all parts and provis ions of the
 Did not impliedly repeal the second paragraph of Sec prior act that are omitted from the revised act are
231 of OEC and render the failure to comply with the deemed repealed.
requirement no longer an election offense. ☺ Before there can be an implied repeal under this
category, it must be the clear intent of the
 Irreconcilable inconsistency between to laws embracing the legislature that later act be the substitute of the
same subject may also exist when the later law nullifies the prior act.
reason or purpose of the earlier act, so that the latter law ☺ Opinion 73 s.1991 of the Secretary of Justice: what
loses all meaning and function. appears clear is the intent to cover only those
aspects of government that pertain to
Smith, Bell & Co. v. Estate of Maronilla administration, organization and procedure,
 A prior law is impliedly repealed by a later act where understandably because of the many changes that
the reason for the earlier act is beyond peradventure transpired in the government structure since the
removed. enactment of RAC.
☺ Repeals of statutes by implication are not favored.
 Repeal by implication – based on the cardinal rule that in the Presumption is against the inconsistency and
science of jurisprudence, two inconsistent laws on the same repugnancy for the legislature is presumed to know
subject cannot co-exist in one jurisdiction. the existing laws on the subject and not to have
 There cannot be two conflicting law on the same subject. enacted inconsistent or conflicting statutes.
Either reconciled or later repeals prior law.
Ty v. Trampe
 Leges posteriores priores contrarias abrogant (a later law
 Issue: w hether P D 921 on real estate taxes has been
repeals the prior law on the subject which is repugnant repealed impliedly by RA 7160, otherwise know as the
thereto) Local Government Code of 1991 on the same subject.
 Held: that there has been no implied repeal
Mecano v. Commission on Audit
 Court: it is clear that the two law are not coextensive
 Issue: whether Sec. 699 of the Revised Administrative
and mutually inclusive in their scope and purpose.
Code has been repealed by the 1987 Administrative ☺ RA 7160 covers almost all governmental functions
Code. delegated to local government units all over the
 1987 Administration Code provides that: “All laws, country.
decrees, orders, rules and regulations, or portions ☺ PD 921 embraces only Metropolitan Manila Area
thereof, inconsistent with this code are hereby repealed and is limited to the administration of financial
or modified accordingly services therein.
 Court ruled that the new Code did not repeal Sec 699: ☺ Sec.9 PD921 requires that the schedule of values
☺ Implied repeal by irreconcilable inconsistency of real properties in the Metropolitan Manila Area
takes place when two statutes cover the same shall be prepared jointly by the city assessors states
subject matter, they are so clearly inconsistent and that the schedules shall be prepared by the
incompatible with each other that they cannot be provincial, city and municipal assessors of the
reconciled or harmonized, and both cannot be municipalities within Metropolitan Manila Area
given effect, that one law cannot be enforced for the different classes of real property situated in
without nullifying the other. their respective local government units for
☺ The new Code does not cover not attempt to the enactment by ordinance of the sanggunian
cover the entire subject matter of the old Code. concerned.
☺ There are several matters treated in the old Code
that are not found in the new Code. (provisions on Hagad v. Gozo-Dadole
notary public; leave law, public bonding law,  Sec.19 RA 6670, the Ombudsman Act grants
military reservations, claims for sickness benefits disciplinary authority to the Ombudsman to discipline
under section 699 and others) elective and appointive officials, except those
☺ CoA failed to demonstrate that the provisions of impeachable officers, has been repealed, RA 7160, the
the two Codes on the matter of the subject claim Local Government Code, insofar as local elective
are in an irreconcilable conflict. officials in the various officials therein named.
☺ There can no conflict because the provision on  Held: both laws should be given effect because there is
sickness benefits of the nature being claimed by nothing in the Local Government Code to indicate that
petitioner has not been restated in old Code. it has repealed, whether expressly or impliedly.
☺ The contention is untenable. ☺ The two statutes on the specific matter in question
☺ The fact that a later enactment may relate to the are not so inconsistent, let alone irreconcilable, as
same subject matter as that of an earlier statute is to compel us to uphold one and strike dow n the
not of itself sufficient to cause an implied repeal of other.
the prior act new statute may merely be cumulative ☺ Two laws must be incompatible, and a clear
or a continuation of the old one. finding thereof must surface, before the inference
☺ Second Category: possible only if the revised of implied repeal may be drawn.
statute or code was intended to cover the whole
subject to be a complete and perfect system in ☺ Interpretare et concordare leges legibus, est
itself. optimus interpretandi modus, i. e (every statute
must be so construed and harmonized with other
 statutes as to form uniform system of ☺ that are omitted from the revised act are deemed
jurisprudence. repealed.
☺ the legislature should be presumed to have known
the existing laws on the subject and not to have Joaquin v. Navarro
enacted conflicting statutes.  Where a new statute is intended to furnish the exclusive
rule on a certain subject, it repeals by implication the
Initia, Jr v. CoA old law on the same subject,
 implied repeal will not be decreed unless there is an  Where a new statute covers the whole subject matter of
irreconcilable inconsistency between two provisions or an old law and adds new provisions and makes changes,
laws is RA 7354 in relation to PD 1597. and w here such law , whether it be in the form of an
☺ RA 7354 – in part of the Postmaster General, amendment or otherwise, is evidently intended to be a
subject to the approval of the Board of Directors of revision of the old act, it repeals the old act by
the Philippines Postal Corporation, shall have the implication.
power to “determine the staffing pattern and the
number of personnel, define their duties and People v. Almuete
responsibilities, and fix their salaries and  Revision of the Agricultural Tenancy Act by the
emoluments in accordance with the approved Agricultural Land Reform Code.
compensation structure of the Corporation.”  S ec 39 of A TC (RA 1199) “it shall be unlaw ful for
☺ Sec.6 P D 1597 – “ exemptions notwithstanding, either the tenant or landlord without mutual consent, to
agencies shall report to the President, through the reap or thresh a portion of the crop at any time previous
Budget Commission, on their position to the date set, for its threshing.”
classification and compensation plans, policies,  An action for violation of this penal provision is
rates and other related details following such pending in court, the Agricultural Land Reform Code
specifications as may be prescribed by the superseded the Agricultural Tenancy Act, abolished
President.” share tenancy, was not reproduced in the Agricultural
 Issue: whether Sec6 of PD1597, the two laws being Land Reform Code.
reconcilable.  The effect of such non-reenactment is a repeal of
 While the Philippine Postal Corporation is allowed to Section 39.
fix its own personnel compensation structure through its  It is a rule of legal hermeneutics that an act which
board of directors, the latter is required to follow certain purports to set out in full all that it intends to contain,
standards in formulating said compensation system, and operates as a repeal of anything omitted which was
the role of D BM is merely to ens ure that the action contained in the old act and not included in the act as
taken by the board of directors complies the revised.
requirements of the law.  A substitute statute, and evidently intended as the
substitute for it, operates to repeal the former statute.
Cebu Institute of Technology v. Ople
 Sec. 3(a) P D 451 and Sec. 42 of BP 232 illustrates
repeal by implication. Tung Chin Hui v. Rodriguez
☺ Sec 3(a) provides: “no increase in tuition or other  Issue: whether Sec.18 Rule 41 of the pre-1007 Rules of
school fees or charges shall be approved unless Court, which provided the appeal in habeas corpus
60% of the proceed is allocated to increase in cases to be taken within 48 hours from notice of
salaries or wages of the member of the faculty.” judgment, has been replaced by the 1997 Rules of Civil
☺ BP 232: “each private school shall determine its Procedure, which provides in Sec. 3 Rule 41 thereof,
rate of tuition and other school fees or charges. that appeal from judgment or final order shall be taken
The rates or charges adopted by schools pursuant within 15 days from receipt thereof, in view of the fact
to this provision shall be collectible, and their that the Sec. 18 was repealed, in accordance with the
application or use authorized, subject to rules and well-settled rule of statutory construction that
regulations promulgated by the Ministry of provisions of an old law that were not reproduced in
Education, Culture and Sports.” the revision thereof covering the same subject are
 Issue: whether Sec. 42 of BP 232 impliedly repealed deemed repealed and discarded
Sec. 3(a) of PD 451  Held: SC in this case to abrogate those provisions of the
 Held: there was implied repeal because there are old laws that are not reproduced in the revised statute or
irreconcilable differences between the two laws. Code.

 Implied repeal by revision or codification  Repeal by reenactment

 Revised statute is in effect a legislative declaration that  Where a statute is a reenactment of the w hole subject in
whatever is embraced in the new statute shall prevail and substitution of the previous law s on the matter, the latter
whatever is excluded there from shall be discarded. disappears entirely and what is omitted in the reenacted law
 Must be intended to cover the whole subject to be a complete is deemed repealed.
and perfect system in itself in order that the prior statutes or
part thereof which are not repeated in the new statute will be Parras v. Land Registration Commission
deemed impliedly repealed.  Where a law amends a specific section of a prior act by
providing that the s ame is amended s o as to read as
People v. Benuya follows, which then quotes the amended provision, what
 Where a statute is revised or a series of legislative acts is not included in the reenactment is deemed repealed.
on the same subject are revised or consolidated into one,  The new statute is a substitute for the original section
covering the entire field of subject matter, all parts and and all matters in the section that are omitted in the
provisions of the former act or acts amendment are considered repealed.
  Presumption is against inconsistency or repugnancy and,
 Other forms of implied repeal accordingly, against implied repeal
 The most powerful implication of repeal is that which arises  Legislature is presumed to know the existing law s on the
w hen the later of tw o law s is expres s ed in the form of a subject and not to have enacted inconsistent or conflicting
universal negative. statutes.
 There is a clear distinction between affirmative and negative  A construction which in effect will repeal a statute altogether
statutes in regard to their repealing effects upon prior should, if possible, be rejected.
legislation.  In case of doubt as to whether a later statute has impliedly
 Affirmative statute does not impliedly repeal the prior repealed a prior law on the same subject, the doubt should be
law unless an intention to effect a repeal is manifest, resolved against implied repeal.
 A negative statute repeals all conflicting provisions
unless the contrary intention is disclosed. US v. Palacio
 Legislative intent to repeal is also s how n w here it enacts  Repeals by implication are not favored, and will not be
something in general term and afterwards it passes another decreed unless it is manifest that the legislature so
on the same subject, which though expressed in affirmative intended.
language introduces special conditions or restrictions  As laws are presumed to be passed with deliberation
 The subsequent statute will usually be considered as and with full knowledge of all existing ones on the
repealing by implication the former regarding the matter subject
covered by the subsequent act.  It is but reasonable to conclude that in passing a statute
 The expres s repeal of a provis ion of law from w hich an it w as not intended to interfere w ith or abrogate any
executive official derives his authority to enforce another former law relating to some matter
provision of the same law operates to repeal by implication  Unless the repugnancy between the two is not only
the latter and to deprive the official of the authority to irreconcilable, but also clear and convincing, and
enforce it. flowing necessarily form the language used, the later act
 The enactment of a statute on a subject, whose purpose or fully embraces the subject matter of the earlier, or
object is diametrically opposed to that of an earlier law on unless the reason for the earlier act is beyond
the same subject which thereby deprives it of its reason for peradventure removed.
being, operates to repeal by implication the prior law, even  Every effort must be used to make all acts stand and if,
though the provisions of both laws are not inconsistent. by any reasonable construction, they can be reconciled,
the later act will not operate as a repeal of the earlier.
 “All laws or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly,” construed. NAPOCOR v. Angas
 Nature of repealing clause  Illustrates the application of the principle that repeal or
 Not express repealing clauses because it fails to identify amendment by implication is not favored.
or designate the act or acts that are intended to be  Issue: whether Central Bank Circular 416 has impliedly
repealed. repealed or amended Art 2209 of the Civil Code
 A clause, which predicates the intended repeal upon the  Held: in answering the issue in the negative, the court
condition that a substantial conflict must be found on ruled that repeals or even amendments by implication
existing and prior acts of the same subject matter. are not favored if two laws can be fairly reconciled. The
 The presumption against implied repeal and the rule on statutes contemplate different situations and apply to
strict construction regarding implied repeal apply ex different transactions involving loan or forbearance of
proprio vigore. money, goods or credits, as well as judgments relating
 Legislature is presumed to know the existing law so that to such load or forbearance of money, goods, or credits,
if repeal of particular or specific law or laws is the Central Bank Circular applies.
intended, the proper step is to so express it.  In cases requiring the payment of indemnities as
damages, in connection with any delay in the
Valdez v. Tuason performance of an obligation other than those involving
 “such a clause repeals nothing that would not be equally loan or forbearance of money, goods or credits, Art
repealed without it. 2209 of the CC applies
 Either with or without it, the real question to be  Courts are slow to hold that one statute has repealed another
determined is whether the new statute is in fundamental by implication and they will not make such adjudication if
and irreconcilable conflict with the prior statute on the they can refrain from doing so, or if they can arrive at
subject. another result by any construction which is just and
 Significance of the repealing clause: the presence of such reasonable.
general repealing clause in a later statute clearly indicates the  Courts will not enlarge the meaning of one act in order to
legislative intent to repeal all prior inconsistent laws on the decide that is repeals another by implication, nor will they
subject matter whether or not the prior law is a special law. adopt an interpretation leading to an adjudication of repeal
 A later general law will ordinarily not repeal a prior by implication unless it is inevitable and a clear and explicit
special law on the same subject, as the latter is generally reason thereof can be adduced.
regarded as an exception to the former.
 With such clause contained in the subsequent general  As between two laws, one passed later prevails
law, the prior special law will be deemed repealed, as  Leges posteriors priores contrarias abrogant (later statute
the clause is a clear legislative intent to bring about that repeals prior ones which are not repugnant thereto.)
result.  Applies even if the later act is made to take effect ahead
of the earlier law.
 Repeal by implication not favored
  A s between tw o acts, the one passed later and going into  General law yields to the special law in the specific law in
effect earlier will prevail over one passed earlier and going the specific and particular subject embraced in the latter.
into effect later.  Applies irrespective of the date of passage of the special law.

 Application of rule
Manila Trading & Supply Co. v. Phil. Labor Union
 an act passed April 16th and in force April 21st was held Sto. Domingo v. De los Angeles
to prevail over an act passed April 9th and in effect July  The court invariably ruled that the special law is not
4th of the same year. impliedly repealed and constitutes an exception to the
 And an act going into effect immediately has been held general law whenever the legislature failed to indicate
to prevail over an act passed before but going into effect in unmistakable terms its intent to repeal or modify the
later. prior special act.
 Whenever two statutes of different dates and of contrary
tenor are of equal theoretical application to a particular case,
the statute of later date must prevail, being a later expression
of legislative will. NAPOCOR v. Arca
 Issue: w hether S ec. 2 of Com. A ct 120 creating the
Philippine National Bank v. Cruz NAPOCOR, a government-owned corporation, and
 As between the order of preference of credit set forth in empowering it “to sell electric power and to fix the rates
Articles 2241 to 2245 of the CC and that of Article 110 and provide for the collection of the charges for any
of the Labor Code, giving first preference to unpaid services rendered: Provided, the rates of charges shall
wages and other monetary claims of labor, the former not be subject to revision by the Public Service Act has
must yield to the latter, being the law of the later been repealed by RA 2677 amending the Public Service
enactment. Act and granting the Public Service Commission the
jurisdiction to fix the rate of charges of public utilities
 The later law repeals an earlier one because it is the later
owned or operated by the government or government-
legislative will.
owned corporations.
 Presumption: the lawmakers knew the older law and
 Held: a special law, like Com. Act 120, providing for a
intended to change it.
particular cas e or class of cases, is not repealed by a
 In enacting the older law, the legislators could not have
subsequent statute, general in its terms, like RA 2677,
known the newer one and could not have intended to
although the general statute are broad enough to include
change what they did not know.
the cases embraced in the special law, in the absence of
 CC: laws are repealed only by subsequent ones, not the a clear intent to repeal.
other way around.  There appears no such legislative intent to repeal or
abrogate the provisions of the earlier law.
David v. COMELEC
 The explanatory note to House Bill 4030 the later
 Sec. 1 of RA 6679 provides that the term of barangay
became RA 2677, it was explicit that the jurisdiction
officials who were to be elected on the second Monday
conferred upon the Republic Service Commission over
of May 1994 is 5 years
the public utilities operated by government-owned or
 The later act RA 7160 Sec 43 (c) states that the term of controlled corporations is to be confined to the fixing of
office of barangay officials who were to be elected also rates of such public services
on the 2nd Monday of May 1994 is 3 years.  The harnessing and then distribution and sale of electric
 There being a clear inconsistency between the two laws, power to the consuming public, the contingency
the later law fixing the term barangay officials at 3 intended to be met by the legal provision under
years shall prevail. consideration would not exist.
 The authority of the Public Service Commission under
 General law does not repeal special law, generally RA 2677 over the fixing of rate of charges of public
 A general law on a subject does not operate to repeal a prior utilities owned or operated by GOCC’s can only be
special law on the same subject, unless it clearly appears that exercised where the charter of the government
the legislature has intended by the later general act to modify corporation concerned does not contain any provision to
or repeal the earlier special law. the contrary.
 Presumption against implied repeal is stronger when of two
laws, one is special and the other general and this applies Philippine Railway Co. v. Collector of Internal Revenue
even though the terms of the general act are broad enough to  P RC w as granted a legislative franchise to operate a
include the matter covered by the special statute. railway line pursuant to Act No. 1497 Sec. 13 which
read: “In consideration of the premises and of the
 Generalia specialibus non derogant – a general law does not
operation of this concession or franchise, there shall be
nullify a specific or special law
paid by the grantee to the Philippine Government,
 The legislature considers and makes provision for all the
annually, xxx an amount equal to one-half of one per
circumstances of the particular case.
centum of the gross earnings of the grantee xxx.”
 Reason why a special law prevails over a general law: the
 Sec 259 of Internal Revenue Code, as amended by RA
legislature considers and makes provision for all the 39, provides that “there shall be collected in respect to
circumstances of the particular case. all existing and future franchises, upon the gross
 General and special laws are read and construed together,
earnings or receipts from the business covered by the
and that repugnancy between them is reconciled by law granting a franchise tax of 5% of such taxes,
constituting the special law as an exception to the general charges, and percentages as are specified in the special
law. charters of the corporation upon whom suc franchises
 are conferred, whichever is higher, unless the provisions Valera v. Tuason
hereof preclude the imposition of a higher tax xxx.  A subsequent general law on a subject has repealed or
 Issue: whether Section 259 of the Tax Code has amended a prior special act on the same subject by
repealed Section 13 of Act 1497, stand upon a different implication is a question of legislative intent.
footing from general laws.  Intent to repeal may be shown in the act itself the
 Once granted, a charter becomes a private contract and explanatory note to the bill before its passage into law,
cannot be altered nor amended except by consent of all the discussions on the floor of the legislature,
concerned, unless the right to alter or repeal is expressly
reserved.  Intent to repeal the earlier special law where the later general
 Reason: the legislature, in passing a special charter, has act provides that all laws or parts thereof which are
its attention directed to the special facts and inconsistent therewith are repealed or modified accordingly
circumstances in the particular case in granting a special  If the intention to repeal the special law is clear, then the rule
charter, for it will not be considered that the legislature, that the special law will be considered as an exception to the
by adopting a general law containing the provisions general law does not apply; what applies is the rule that the
repugnant to the provisions of the charter, and without special law is deemed impliedly repealed.
any mention of its intention to amend or modify the  A general law cannot be construed to have repealed a special
charter, intended to amend, repeal or modify the special law by mere implication admits of exception.
act.
 The purpose of respecting the tax rates incorporated in City Government of San Pablo v. Reyes
the charters, as shown by the clause.  Sec. 1 P D 551 provides that any provision of law or
local ordinance to the contrary, the franchise tax
LLDA v. CA payable by all grantees of franchise to generate,
 Issue: which agency of the government, LLDA or the distribute, and sell electric current for light, heat, and
towns and municipalities compromising the region power shall be 25 of their gross receipts.
should exercise jurisdiction over the Laguna Lake and  Sec. 137 of the LGC states: Notwithstanding any
its environs insofar as the issuance of permits for exemption granted by any law or other special law, the
fishery privileges is concerned. province may impose a tax on business enjoying a
 The LLDA statute specifically provides that the LLDA franchise at a rate not exceeding 50% of 1% of the gross
shall have exclusive jurisdiction to issue permits for the annul receipts.
use of all surface water for any projects in or affecting  Held: the phrase is all-encompassing and clear that the
the said region, including the operation of fish pens. legislature intended to withdraw all tax exemptions
 RA 7160 the LGC of 1991 grants the municipalities the enjoyed by franchise holders and this intent is made
exclusive authority to grant fishery privileges in more manifest by Sec. 193 of the Code, when it
municipal waters. provides that unless otherwise provided in this code tax
 Held: two laws should be harmonized, and that the LLA exemptions or incentives granted to or presently
statute, being a special law, must be taken as an enjoyed by all persons, except local water districts,
exception to RA 7160 a general law, cooperatives, and non-stock and non-profit hospitals
and educational institutions, are withdrawn upon the
Garcia v. Pascual effectivity of the Code.
 Clerks of courts municipal courts shall be appointed by
the municipal judge at the expense of the municipality Gaerlan v. Catubig
and where a later law was enacted providing that  Issue: whether Sec. 12 of RA 170 as amended, the City
employees whose salaries are paid out of the municipal Charter of Dagupan City, which fixed the minimum age
funds shall be appointed by the municipal mayor, the qualification for members of the city council at 23 years
later law cannot be said to have repealed the prior law has been repealed by Sec.6 of RA 2259
as to vest in the municipal mayor the power to appoint  H eld: there w as an implied repeal of S ec. 12 of the
municipal cleck of court, as the subsequent law should charter of Dagupan City because the legislative intent to
be construed to comprehend only subordinate officials repeal the charter provision is clear from the fact that
of the municipality and not those of the judiciary. Dagupan City, unlike some cities, is not one of those
cities expressly excluded by the law from its operation
Gordon v. CA and from the circumstance that it provides that all acts
 A city charter giving real estate owner a period of one or parts thereof which are inconsistent therewith are
year within which to redeem a property sold by the city repealed.
for nonpayment of realty tax from the date of such  The last statute is so broad in its terms and so clear and
auction sale, being a special law, prevails over a general explicit in its words so as to show that it was intended
law granting landowners a period of two years to make to cover the whole subject and therefore to displace the
the redemption. prior statute.

Sto. Domingo v. Delos Angeles Bagatsing v. Ramirez

 The Civil Service law on the procedure for the  A charter of a city, w hich is a s pecial law , may be
suspension or removal of civil service employees does impliedly modified or superseded by a later statute, and
not apply with respect to the suspension or removal of where a statute is controlling, it must be read into the
members of the local police force. charter, notwithstanding any of its particular provisions.
 A subsequent general law similarly applicable to all
 When special or general law repeals the other. cities prevails over any conflicting charter provision, for
 There is always a partial repeal where the later act is a the reason that a charter must not be inconsistent with
special law. the general laws and public policy of the state.
 Statute remains supreme in all matters not purely local.
  A charter must yield to the constitution and general
laws of the state.  On jurisdiction to try criminal case
 Once a jurisdiction to try a criminal case is acquired, that
jurisdiction remains with the court until the case is finally
Philippine International Trading Corp v. CoA determined.
 CoA contended that the PITC charter had been  A subsequent statute amending or repealing a prior act under
impliedly repealed by the Sec. 16 RA 6758 which the court acquired jurisdiction over the case with the
 Held: that there was implied repeal, the legislative effect of removing the courts’ jurisdiction may not operate to
intent to do so being manifest. oust jurisdiction that has already attached.
 P ITC should now be considered as covered by laws
prescribing a compensation and position classification  On actions, pending or otherwise
system in the government including RA 6758.  Rule: repeal of a statute defeats all actions and proceedings,
including those, which are still pending, which arose out of
 Effects of repeal, generally or are based on said statute.
 Appeal of a statute renders it inoperative as of the date the  The court must conform its decision to the law then existing
repealing act takes effect. and may, therefore, reverse a judgment which was correct
 Repeal is by no means equivalent to a declaration that the when pronounced in the subordinate tribunal, if it appears
repealed statute is invalid from the date of its enactment. that pending appeal a statute which was necessary to support
 The repeal of a law does not undo the consequences of the the judgment of the lower court has been withdrawn by an
operation of the statute while in force, unless such result is absolute repeal.
directed by express language or by necessary implication,
except as it may affect rights which become vested when the  On vested rights
repealed act was in force.  repeal of a statute does not des troy or impair rights that
accrued and became vested under the statute before its
Ramos v. Municipality of Daet repeal.
 BP 337 known as the LGC was repealed by RA 7160  The statute should not be construed so as to affect the rights
known as LGC of 1991, which took effect on January 1, w hich have vested under the old law then in force, or as
1992. requiring the abatement of actions instituted for the
 Sec. 5 (d) of the new code provides that rights and enforcement of such rights.
obligations existing on the date of the effectivity of the  Rights accrued and vested while a statute is in force
new code and arising out of contracts or any other ordinarily survive its repeal.
source of prestation involving a local government unit  The constitution forbids the state from impairing, by
shall be governed by the original terms and conditions enactment or repeal of a law, vested rights or the obligations
of said contracts or the law in force at the time such of contract, except in the legitimate exercise of police power.
rights were vested.
Buyco v. PNB
 On jurisdiction, generally  Where a statute gives holders of backpay certificates the
 Neither the repeal nor the explanation of the law deprives the right to use said certificates to pay their obligations to
court or administrative tribunal of the authority to act on the government financial institutions, the repeal of the law
pending action and to finally decide it. disallowing such payment will not deprive holders
 General rule: where a court or tribunal has already acquired thereof whose rights become vested under the old law
and is exercising jurisdiction over a controversy, its of the right to use the certificates to pay their
jurisdiction to proceed to final determination of the cause is obligations to such financial institutions.
not affected by the new legislation repealing the statute
which originally conferred jurisidiction. Un Pak Leung v. Nigorra
 Rule: once the court acquires jurisdiction over a controversy,  A statute gives an appellant the right to appeal from an
it shall continue to exercise such jurisdiction until the final adverse decision, the repeal of such statute after an
determination of the case and it is not affected by subsequent appellant has already perfected his appeal will not
legislation vesting jurisdiction over such proceedings in destroy his right to prosecute the appeal not deprive the
another tribunal admits of exceptions. appellate court of the authority to decide the appealed
 Repeal or expiration of a statute under w hich a court or case.
tribunal originally acquired jurisdiction to try and decide a
case, does not make its decision subsequently rendered Republic v. Migrino
thereon null and void for want of authority, unless otherwise  Issue: whether prosecution for unexplained wealth
provided. under RA 1379 has already prescribed.
 In the abs ence of a legislative intent to the contrary, the  Held: “in his pleadings, private respondent contends
expiration or repeal of a statute does not render legal what, that he may no longer be prosecuted becaus e of the
under the old law, is an illegal transaction, so as to deprive prescription.
the court or tribunal the court or tribunal of the authority to  It must be pointed out that Sec. 2 RA 1379 should be
act on a case involving such illegal transaction. deemed amended or repealed by Art. XI, Sec. 15 of the
 Where a law declares certain importations to be illegal, 1987 Constitution.
subject to forfeiture by the Commissioner of Customs
pursuant to what the latter initiated forfeiture proceedings,  On contracts
the expiration of the law during the pendency of the  Where a contract is entered into by the parties on the basis of
proceedings does not divest the Commissioner of Customs of the law then obtaining, the repeal or amendment of said law
the jurisdiction to continue to resolve the case, nor does it will not affect the terms of the contract nor impair the right
have the effect of making the illegal importation legal or of of the parties thereunder.
setting aside the decision of the commissioner on the matter.
 Effect of repeal of tax laws abolishing all municipal offices then existing under the old
 Rule favoring a prospective construction of statutes is municipality offices then the existing under the old
applicable to statutes which repeal tax laws. municipality, save those excepted in the charter itself.
 Such statute is not made retroactive, a tax assessed before the
repeal is collectible afterwards according to the law in force  Repeal or nullity of repealing law, effect of
when the assessment or levy was made.  When a law w hich expressly repeals a prior law is itself
repealed, the law first repealed shall not thereby revived
 Effect of repeal and reenactment unless expressly so provided
 Simultaneous repeal and reenactment of a statute does not  Where a repealing statute is declared unconstitutional, it will
affect the rights and liabilities which have accrued under the have no effect of repealing the former statute, the former or
original statute, since the reenactment neutralizes the repeal old statute continues to remain in force.
and continues the law in force without interruption.
 The repeal of a penal law, under which a person is charged CHAPTER ELEVEN: Constitutional Construction
with violation thereof and its simultaneous reenactment
penalizing the same act done by him under the old law, will Constitution defined
not preclude the accused’s prosecution, nor deprive the court  fundamental law which sets up a form of government and
of the jurisdiction to try and convict him. defines and delimits the powers thereof and those of its
officers, reserving to the people themselves plenary
People v. Almuete sovereignty
 Where the reenactment of the repealed law is not  written charter enacted and adopted by the people by which a
simultaneous such that the continuity of the obligation government for them is established
and the sanction for its violation form the repealed law  permanent in nature thus it does not only apply to existing
to the reenacted law is broken, the repeal carries with it conditions but also to future needs
the deprivation of the court of its authority to try,  basically it is the fundamental laws for the governance and
convict, and sentence the person charged with violation administration of a nation
of the old law to its repeal.  absolute and unalterable except by amendments
 all other laws are expected to conform to it
 Effect of repeal of penal laws
 Where the repeal is absolute, s o that the crime no longer Origin and history of the Philippine Constitutions
exists, prosecution of the person charged under the old law  1935 Constitution
cannot be had and the action should be dismissed.
 Where the repeal of a penal law is total and absolute and the People v. Linsangan – explained as to how this Constitution came
act which was penalized by a prior law ceases to be criminal about:
under the new law, the previous offense is obliterated.  Tydings-Mcduffie Law- allowed the Filipinos to adopt a
 That a total repeal deprives the courts of jurisdiction to try, constitutions but subject to the conditions prescribed in the
convict, and sentence, persons, charged with violations of the Act.
old law prior to the repeal. o Required 3 steps:
 Repeal of a statute which provides an indispensable element  drafting and approval of the constitution
in the commission of a crime as defined in the RPC likewise must be authorized
operates to deprive the court of the authority to decide the  it must be certified by the President of
case, rule rests on the same principle as that concerning the the US
effect of a repeal of a penal law without qualification.  it must be ratified by the people of the
 Reason: the repeal of a penal law without disqualification is Philippines at a plebiscite
a legislative act of rendering legal what is previously decreed  1973 Constitution
as illegal, s o that the person w ho committed it is as if he o adopted in response to popular clamor to meat the
never committed an offence problems of the country
 Exception: o March 16, 1967: Congress passed Resolution No.2,
 where the repealing act reenacts the statute and
which was amended by Resolution No. 4, calling a
penalizes the same act previously penalized under the convention to propose amendments to the
repealed law, the act committed before reenactment Constitution
continues to be a crime, and pending cases are not
 1987 Constitution
thereby affected.
o after EDSA Revolution
 Where the repealing act contains a saving clause
o also known as the 1987 Charter
providing that pending actions shall not be affected, the
latter will continue to be prosecuted in accordance with Primary purpose of constitutional construction
the old law.  primary task of constitutional construction is to ascertain the
intent or purpose of the framers of the constitution as
 Distinction as to effect of repeal and expiration of law expressed in its language
 In absolute repeal, the crime is obliterated and the stigma of  purpose of our Constitution: to protect and enhance the
conviction of an accused for violation of the penal law before people’s interests
its repeal is erased.
Constitution construed as enduring for ages
 Effect of repeal of municipal charter  Constitution is not merely for a few years but it also needs to
 The repeal of a charter destroys all offices under it, and puts endure through a long lapse of ages
an end to the functions of the incumbents.  WHY? Because it governs the life of the people not only at
 The conversation of a municipality into a city by the passage the time of its framing but far into the indefinite future
of a charter or a statute to that effect has the effect of  it must be adaptable to various crisis of human affairs but it
must also be solid permanent and substantial
  Its stability protects the rights, liberty, and property of the
people (rich or poor)  words which have acquired a technical meaning before they
 It must be construed as a dynamic process intended to stand are used in the constitution must be taken in that sense when
for a great length of time to be progressive and not static such words as thus used are construed
 What it is NOT:
o It should NOT change with emergencies or Aids to construction, generally
conditions  apart from its language courts may refer to the following in
o It should NOT be inflexible construing the constitution:
o It should NOT be interpreted narrowly o history
 Words employed should not be construed to yield fixed and o proceedings of the convention
rigid answers because its meaning is applied to meet new or o prior laws and judicial decisions
changed conditions as they arise o contemporaneous constructions
 Courts should construe the constitution s o that it would be o consequences of alternative interpret-tations
consistent with reason, justice and the public interest  these aids are called extraneous aids because though their
effect is not in precise rules their influence describes the
How language of constitution construed
essentials of the process (remember preamble?  ganito lang
 primary source in order to ascertain the constitution is the
din yun)
LANGUAGE itself
 The words that are used are broad because it aims to cover
all contingencies
 Words must be understood in their common or ordinary
meaning except when technical terms are employee Realities existing at time of adoption; object to be accomplished
o WHY? Because the fundamental law if essentially  History basically helps in making one understand as to how
a document of the people and why certain laws were incorporated into the constitution.
 Do not construe the constitution in such a way that its  In construing constitutional law, the history must be taken
meaning would change into consideration because there are certain considerations
 What if the words used have both general and restricted rooted in the historical background of the environment at the
meaning? time of its adoption (Legaspi v. Minister of Finance)
 Rule: general prevails over the restricted unless the contrary
is indicated. Aquino v. COMELEC
 Issue: what does the term “incumbent president in sec. 3 of
Ordillo v. COMELEC Article 17 of the 1973 Constitution refer to?
 Issue: whether the sole province of Ifugao can be validly  Held: History shows that at that time the term of President
constituted in the Cordillera Autonomous Region under Marcos w as to terminate on December 30, 1973, the new
Section 15, Article 10 constitution was approved on November 30, 1972 still during
 Held: No. the keywords provinces, cities, municipalities and his incumbency and as being the only incumbent president at
geographical areas connotes that a region consists of more the time of the approval it just means that the term
than one unit. In its ordinary sense region means two or more incumbent president refers to Mr. Marcos
provinces, thus Ifugao cannot be constituted the Cordillera  Justice Antonio concurring opinion states: the only rational
Autonomous Region way to ascertain the meaning and intent is to read its
language in connection with the known conditions of affairs
Marcos v. Chief of Staff out of which the occasion for its adoption had arisen and
 Issues: then construe it.
o the meaning or s cope of the w ords any court in
Section 17 Article 17 of the 1935 Constitution In re Bermudez
o Who are included under the terms inferior court in  incumbent president referred to in section 5 of Article 18 of
section 2 Article 7 the 1987 constitution refers to incumbent President Aquino
 Held: Section 17 of Article 17 prohibits any members of the and VP Doy Laurel
Congress from appearing as counsel in any criminal case x x
x. This is not limited to civil but also to a military court or Civil Liberties Union v. Executive Secretary
court martial since the latter is also a court of law and justice  issue: whether EO 284, which authorizes a cabinet member,
as is any civil tribunal. undersecretary and assistant secretary to hold not more than
 Inferior courts are meant to be construed in its restricted two positions in the government and GOCCs and to receive
sense and accordingly do not include court martials or corresponding compensation therefore, violates Sec. 13, Art.
military courts for they are agencies of executive character 7 of the 1987 Constitution
and do not belong to the judicial branch unlike the term  court examined the history of the times, the conditions under
inferior court is. which the constitutional provisions was framed and its object
 held: before the adoption of the constitutional provision,
 Another RU LE: words used in one part are to receive the “there was a proliferation of newly-created agencies,
same interpretation when used in other parts unless the instrumentalities and GOCCs created by PDs and other
contrary is applied/specified. modes of presidential issuances where Cabinet members,
their deputies or assistants were designated to head or sit as
Lozada v COMELEC members of the board with the corresponding salaries,
 the term “Batasang Pambansa,” which means the regular emoluments, per diems, allowances and other prerequisites
national assembly, found in many sections of the 1973 of office
Constitution refers to the regular, not to the interim Batasang  since the evident purpose of the framers of the 1987
Pambansa Constitution is to impose a stricter prohibition on the
 President, Vice President, members of the Cabinet, their
deputies and assistants with respect to holding multiple Previous laws and judicial rulings
government offices or employment in the Government  framers of the constitution is presumed to be aware of
during their tenure, the exception to this prohibition must be prevailing judicial doctrines concerning the subject of
read with equal severity constitutional provisions. THUS when courts adopt
 on its face, the language of Sec 13 Art. 7 is prohibitory s o principles different from prior decisions it is presumed that
that it must be understood as intended to be a positive and they did so to overrule said principle
unequivocal negation of the privilege of holding multiple
government offices or employment Changes in phraseology
 Before a constitution is ratified it undergoes a lot of revisions
Proceedings of the convention and changes in phraseology (ex. deletion of words) and these
 RULE: If the language of the constitutional provision is plain changes may be inquired into to ascertain the intent or
it is not necessary to resort to extrinsic aids purpose of the provision as approved
 EXCEPTION: when the intent of the framer doesn’t appear  HOWEVER mere deletion, as negative guides, cannot
in the text or it has more than one construction. prevail over the positive provisions nor is it determinative of
 Intent of a constitutional convention member doesn’t any conclusion.
necessarily mean it is also the people’s intent  Certain provisions in our constitution (from 1935 to the
 The proceedings of the convention are usually inquired into present) are mere reenactments of prior constitutions thus
because it sheds light into what the framers of the these changes may indicate an intent to modify or change the
constitution had in mind at that time. (refers to the debates, meaning of the old provisions.
interpretations and opinions concerning particular
provisions) Galman v. Pamaran
 the phrase” no person shall be x x x compelled in a criminal
Luz Farms v. Secretary of DAR case be a witness against himself” is changed in such a way
 Whether the term “agriculture” as used in the Constitution the words criminal cases had been deleted simply means that
embraces raising livestock, poultry and swine it is not limited to criminal cases only.
 Transcript of the deliberations of the Constitutional
Commission of 1986 on the meaning of “agriculture” clearly Consequences of alternative constructions
shows that it was never the intention of the framers of the  consequences that may follow from alternative construction
Constitution to include livestock and poultry industry in the of doubtful constitutional provisions constitute an important
coverage of the constitutionally-mandated agrarian reform factor to consider in construing them.
program of the Government  if a provision has more than one interpretation, that
 Agricultural lands do not include commercial industrial, and construction which would lead to absurd, impossible or
residential lands mischievous consequences must be rejected.
 Held: it is evident in the foregoing discussion that Sec 2 of  e.g. directory and mandatory interpretation: Art. 8 Sec 15(1)
RA 6657 which includes “private agricultural lands devoted requires judges to render decision within specific periods
to commercial livestock, poultry and swine raising” in the from date of submission for decision of cases (construed as
definition of “commercial farms” is INVALID, to the extent directory because if otherwise it will cause greater injury to
of the aforecited agro-industrial activities are made to be the public)
covered by the agrarian reform program of the State
Constitution construed as a whole
Montejo v. COMELEC  provision should not be construed separately from the rest it
 Whether the COMELEC has the power to transfer, by should be interpreted as a whole and be harmonized with
resolution, one or more municipalities from one conflicting provisions so as to give them all force and effect.
congressional district to another district within a province,  sections in the constitution with a particular subject should
pursuant to Sec 2 of the Ordinance appended to the 1987 be interpreted together to effectuate the whole purpose of the
Constitution Constitution.
 The Court relied on the proceedings of the Constitutional
Commission on “minor adjustments” which refers only to Tolentino v. Secretary of Finance
the instance where a municipality which has been forgotten  VAT Law, passage of bill
(ano ba ‘to…kinalimutan ang municipality) is included in the  involved are article 6 Sec. 24 and RA 7716 (VAT Law)
enumeration of the composition of the congressional district  contention of the petitioner: RA 7716 did not originate
and not to the transfer of one municipality from one district exclusively from the H O R as required by the Constitution
to another, which has been considered a substantive or major because it is the result of the consolidation of two distinct
adjustment bills.

Contemporaneous construction and writings  Court: rejected such interpretation. (guys alam niyo na
naman to, that it should originate from HOR but it could still
 may be used to resolve but not to create ambiguities
 In construing statutes, contemporaneous construction are be modified by the Senate) 
entitled to great weight however when it comes to the
constitution it has no weight and will not be allowed to
change in any way its meaning.
Mandatory or directory
 Writings of delegates – has persuasive force but it depends
 RULE: constitutional provisions are to be construed as
on two things:
mandatory unless a different intention is manifested.
o if opinions are based on fact known to them and
 Why? Because in a constitution, the sovereign itself speaks
not established it is immaterial
and is laying down rules which for the time being at least are
o on legal hermeneutics, their conclusions may not
to control alike the government and the governed.
be a shade better in the eyes of the law.
  failure of the legislature to enact the necessary required by
the constitution does not make the legislature is illegal.

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

Magtoto v. Manguera
 Sec 20 of Article IV of the 1973 Constitution: “no person
shall be compelled to be a witness against himself. x x x Any
confession obtained in violation of this section shall be
inadmissible in evidence”
 Court held that this specific portion of the mandate should be
given a prospective application

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

Applicability of rules of statutory construction

 Doctrines used in Sarmiento v. Mison is a good example in
which the S C applied a number of rules of statutory
construction.
 Issue: whether or not the appointment of a Commissioner of
Customs is subject to confirmation by the Commission on
appointments

Generally, constitutional provisions are self-executing

 RULE: constitutional provisions are self executing except
when provisions themselves expressly require legislations to
implement them.
 SELF EXECUTING PROVISIONS- provisions which are
complete by themselves and becomes operative without the
aid of supplementary legislation.
 Just because legislation may supplement and add or prescribe
a penalty does not render such provision ineffective in the
absence of such legislation.
 In case of Doubt? Construe such provision as self executing
rather than non-self executing.

Manila Prince Hotel v. GSIS

 Issue: w/n the sale at public bidding of the majority
ownership of the Manila Hotel a qualified entity can match
the winning bid of a foreigner
 Held: resolution depends on whether the issue is self
executing or not. The court ruled that the qualified Filipino
entity must be given preference by granting it the option to
match the winning bid because the provision is self
executing.

- The End -

“That in all things, GOD may be glorified”