62671766 agpalo notes
DESCRIPTION
agpalo notesTRANSCRIPT
-
5/21/2018 62671766 Agpalo Notes
1/84
CHAPTER ONE: Statutes
IN GENERAL
Laws, generally
A whole body or system of law
Rule of conduct formulated and made obligatory bylegitimate power of the state
Includes RA, PD, EO (president in the e of legislati!e
power", Presidential issuances (ordinance power"#urisprudence, ordinances passed by sanggunians of
local go!ernment units$
%tatutes, generally
An act of legislature (Philippine &ommission, Phil$
Legislature, 'atasang Pambansa, &ongress"
PDs of )arcos during the period of martial law *+-
&onstitution
EO of A.uino re!olutionary period /reedom
&onstitution
Public 0 affects the public at large
general 0 applies to the whole state andoperates throughout the state ali1e upon all
people or all of a class$
%pecial 0 relates to particular person or thingsof a class or to a particular community,
indi!idual or thing$
Local Law 0 operation is confined to a
specific place or locality (e$g municipal
ordinance"
Pri!ate 0 applies only to a specific person or
sub2ect$
Permanent and temporary statutes
Permanent 3 one whose operation is not limited induration but continues until repealed$
4emporary 3 duration is for a limited period of time
fied in the statute itself or whose life ceases upon the
happening of an e!ent$
o E$g$ statute answering to an emergency
Other classes of statutes
Prospecti!e or retroacti!e 0 accdg$ to application
Declaratory, curati!e, mandatory, directory,
substanti!e, remedial, penal 0 accdg$ to operation
According to form
o Affirmati!e
o 5egati!e
)anner of referring to statutes
Public Acts 0 Phil &ommission and Phil Legislature
*+6*3 *+-7
&ommonwealth Acts 0 *+-83 *+98
Republic Acts 0 &ongress *+983 *+:, *+; ested in congress 0 *+; &onstitution
President 0 *+- ? /reedom (PD and
respecti!ely"
%angguniang barangay, bayan, panglung
panlalawigan 0 only within respecti!e 2urisdictioordinances
Administrati!e or eecuti!e officer
Delegated power
Issue rules and regulations to impleme
specific law
&ongress legislati!e power
4he determination of the legislati!e policy and
formulation and promulgation as a defined and bind
rule of conduct$
Legislati!e power 3 plenary ecept only to s
limitations as are found in the constitution
Procedural re.uirements, generally
Pro!ided in the constitution (for 'ills, RA"
Pro!ided by congress 0 enactment of laws
Rules of both houses of congress (pro!ided
by the &onstitution"
Passage of bill
Proposed legislati!e measure introduced by a mem
of congress for enactment into law
%hall embrace only one sub2ect which shallepressed in the title
%inged by authors
/ile with the %ecretary of the @ouse
'ills may originate from either lower or upper @ou
Eclusi!e to lower house
Appropriation
Re!enue= tariff bills
'ills authoriing increase of public debt
'ills of local application
Pri!ate bills
After - readings, appro!al of either house (see A
%ec :8 (*""
%ecretary reports the bill for first reading
/irst reading 0 reading the number and title, referra
the appropriate committee for study recommendation
&ommittee 0 hold public hearings submits report and recommendation
calendar for second reading
%econd reading 0 bill is read in full (with amendm
proposed by the committee" 0 unless copies
distributed and such reading is dispensed with
o 'ill will be sub2ect to debates, motions
amendments
o 'ill will be !oted on
-
5/21/2018 62671766 Agpalo Notes
2/84
o A bill appro!ed shall be included in the
calendar of bills for -rdreading
4hird reading 0 bill appro!ed on :ndreading will be
submitted for final !ote by yeas and nays,
'ill appro!ed on the -rdreading will be transmitted to
the BOther @ouseC for concurrence (same process asthe first passage"
o If the BOther @ouseC appro!es without
amendment it is passed to the President
o If the BOther @ouseC introduces amendments,
and disagreement arises, differences will be
settled by the &onference &ommittees of both
houses
o Report and recommendation of the :
&onference &ommittees will ha!e to be
appro!ed by both houses in order to beconsidered pass
President
o Appro!es and signs
o >etoes (within -6 days after receipt"
o Inaction
If the President !etoes 0 send bac1 to the @ouse whereit originated with recommendation
o :=- of all members appro!es, it will be sent to
the other house for appro!al
o :=- of the other house appro!es 0 it shall
become a law
o If president did not act on the bill with in -6
days after receipt, bill becomes a law
%ummary - ways of how a bill becomes a law$
President signs
inaction of president with in -6 days after receipt
!etoed bill is repassed by congress by :=- !otes of
all its members, each house !oting separately$
Appropriations and re!enue bills
%ame as procedure for the enactment of ordinary bills
Only difference is that they can only originate from the
Lower @ouse but the %enate may propose= concur with
the amendments
Limitations of passage (as per &onstitution" Art 8 %ec$
: (:"
o congress may not increase the appropriation
recommended by the President
o particular appropriation limited
o procedure for &ongress is the same to all
other department= agencies (procedure for
appro!ing appropriations "o special appropriations 0 national treasurer=
re!enue proposal
o no transfer of appropriations authority to
augment
o discretionary funds 0 for public purposes
o general appropriations bills 0 when re3enacted
o President my !eto any particular item=s in an
appropriation re!enue, or tariff bill$
Authentication of bills
'efore passed to the President
Indispensable
'y signing of %pea1er and %enate President
Fnimpeachability of legislati!e 2ournals
#ournal of proceedings
&onclusi!e with respect to other matters that
re.uired by the &onstitution
Disputable with respect to all other matters
'y reason of public policy, authenticity of laws shorest upon public memorials of the most perma
character
%hould be public
Enrolled bill
'ills passed by congress authenticated by the %pe
and the %enate President and appro!ed by
President
Importing absolute !erity and is binding on the cou
o It carries on its face a solemn assurance th
was passed by the assembly by the legislaand eecuti!e departments$
&ourts cannot go behind the enrolled act to discowhat really happened
o If only for respect to the legislati!e
eecuti!e departments
4hus, if there has been any mista1e in the printin
the bill before it was certified by the officer of
assembly and appro!ed by the &hief Eecuti!e,
remedy is by amendment by enacting a cura
legislation not by 2udicial decree$
Enrolled bill and legislati!e 2ournals 3 &onclusi!e u
the courts
If there is discrepancy between enrolled bill
2ournal, enrolled bill pre!ails$
Githdrawal of authentication, effect of
%pea1er and %enate President may withdraw if the
discrepancy between the tet of the bill as deliber
and the enrolled bill$
Effect
o 5ullifies the bill as enrolled
o Losses absolute !erity
o &ourts may consult 2ournals
PARTS OF STATUTES
4itle of statute
)andatory law 3 E!ery bill passed by &ongress sembrace only one sub2ect which shall be epresse
the title thereof (Art 8, %ec :8 (*" *+; &onstitution
: limitations upon legislation
o 4o refrain from conglomeration, under
statute, of heterogeneous sub2ects
o 4itle of the bill should be couched i
language sufficient to notify the legisla
and the public and those concerned of
import of the single sub2ect$
-
5/21/2018 62671766 Agpalo Notes
3/84
Purposes of re.uirement (on * sub2ect"
Principal purpose to apprise the legislators of the
ob2ect, nature, and scope of the pro!ision of the bill
and to pre!ent the enactment into law of matters which
ha!e not recei!ed the notice, action and study of the
legislators$
o 4o prohibit duplicity in legislation
In sum of the purpose
o 4o pre!ent hodgepodge= log3rolling
legislationo 4o pre!ent surprise or fraud upon the
legislature
o 4o fairly apprise the people, through
publication of the sub2ects of the legislation
o Fsed as a guide in ascertaining legislati!e
intent when the language of the act does not
clearly epress its purposeH may clarify doubt
or ambiguity$
@ow re.uirement construed
Liberally construed
If there is doubt, it should be resol!ed against the
doubt and in fa!or of the constitutionality of the statute
Ghen there is compliance with re.uirement
&omprehensi!e enough 3 Include general ob2ect
If all parts of the law are related, and are germane to
the sub2ect matter epressed in the title
4itle is !alid where it indicates in broad but clear
terms, the nature, scope and conse.uences of the lawand its operations
4itle should not be a catalogue or inde of the bill
Principles apply to titles of amendatory acts$
o Enough if it states Ban act to amend a specific
statuteC
5eed not state the precise nature of the
amendatory act$
F% Legislators ha!e titles ending with the words Bandfor other purposesC ( F% is not sub2ect to the same
&onstitutional restriction as that embodied in thePhilippine &onstitution"
Ghen re.uirement not applicable
Apply only to bills which may thereafter be enacted
into law
Does not apply to laws in force and eisting at the time
the *+-7 &onstitution too1 effect$
5o application to municipal or city ordinances$
Effect of insufficiency of title
%tatute is null and !oid
Ghere, the sub2ect matter of a statute is not
sufficiently epressed in its title, only so much of the
sub2ect matter as is not epressed therein is !oid,
lea!ing the rest in force, unless the in!alid pro!isions
are inseparable from the others, in which case the
nullity the former !itiates the latter
Enacting clause
Gritten immediately after the title
%tates the authority by which the act is enacted
* 3 Phil &ommission 0 B 'y authority of the Presiof the F%, be it enacted by the F% Philip
&ommissionC
: 3 Philippine Legislature3 B by authority of the
be it enacted by the Philippine LegislatureC
- 3 Ghen : became bicameral B'e it enacted by
%enate and @ouse of Representati!es of the Philippin legislature assembled and by authority of the sam
9 3 &ommonwealth3 B'e it enacted by the 5atio
Assembly of the Philippines
7 0 when 9 became bicameral Bbe it enacted by
%enate and @ouse of Representati!es in cong
assembledC 0 same *+983*+:=*+;3present$
8 0 'atasang Pambansa B'e it enacted by
'atasang Pambansa in session assembledC
0 PD B 5OG 4@ERE/ORE, I JJJJJJ Presiden
the Philippines, by the powers !ested in me by&onstitution do hereby decree as followsC
; 0 EO B5ow, therefore, I, JJJJ hereby orderC
Preamble
Defined 0 prefatory statement or eplanation o
finding of facts, reciting the purpose, reason
occasion for ma1ing the law to which it is prefiedC
/ound after enacting clause and before the body of
law$
Fsually not used by legislations because content ofpreamble is written in the eplanatory note$
'ut PDs and EOs ha!e preambles$
Pur!iew of statute
that part which tells what the law is about
body of statute should embrace only one sub
should only one sub2ect matter, e!en there pro!isshould be allied and germane to the sub2ect
purpose of the bill$
%tatue is usually di!ided into section$ w=c contai
single proposition$
Parts
o short title
o policy section
o definition section
o administrati!e section
o sections prescribing standards of conduct
o
sections imposing sanctions for !iolatioits pro!isions
o transitory pro!ision
o separability clause
o effecti!ity clause
%eparability clause
it states that if any pro!ision of the act is decla
in!alid, the remainder shall not be affected thereby
It is not controlling and the courts may in!alidate
whole statute where what is left, after the !oid par
not complete and wor1able
Presumption 0 statute is effecti!e as a whole
-
5/21/2018 62671766 Agpalo Notes
4/84
its effect to create in the place of such presumption
the opposite of separability$
PRESIDENTIAL ISSUANCES, RULES AND
ORDINANCES
Presidential issuances
are those which the president issues in the eercise of
ordinance power$
i$e$ EO, AO (administrati!e orders", proclamations,)O (memorandum orders", )& (memorandum
circulars", and general or special orders$
@a!e force and effect of laws$
EO
o acts of the President pro!iding for rules of a
general or permanent character in the
implementation or eecution of
constitutional= statutory powers$o do not ha!e the force and effect of laws
enacted by congress
o different from EO issued by the President in
the e of her legislati!e power during the
re!olution Presidential decree under thefreedom constitution
AO
o acts of the President which relate to particular
aspects of go!ernmental operations in
pursuance of his duties as administrati!e head
Proclamations
o acts of the President fiing a date or declaring
a statute or condition of public moment or
interest, upon the eistence of which the
operation of a specific law or regulation is
made to depend
)O
o acts of the President on matters ofadministrati!e details or of subordinate or
temporary interest which only concern a
particular officer or office of go!ernment
)&o acts of the president on matters relating to
internal administration which the President
desires to bring to the attention of all or some
of the departments, agencies, bureaus, or
offices of the go!ernment, for information of
compliance
Keneral or %pecific Order
o Acts and commands of the President in his
capacity as &ommander3in3&hief of the A/P
%upreme &ourt circularsH rules and regulations
%ee Art ;, %ec$ 7(7" *+; &onstitution
%ee Art$ 8, %ec$ -6 *+; &onstitution
It has been held that a law which pro!ides that a
decision of a .uasi32udicial body be appealable directly
to the %&, if enacted without the ad!ice and
concurrence of the %&, ineffecti!e
o Remedy or applicable procedure 0 go to &A
Rules of &ourt 0 product of the rule3ma1ing power ofthe %&
o Power to repeal procedural rules
o 5o power to promulgate rules substanti!
nature (unli1e the legislati!e department"
%ubstanti!e rules 0 if it affects or ta1es away !e
rightsH right to appeal
Procedural rules 0 means of implementing eis
rightH where to file an appeal for transferring the !e
Rules and regulations issued by the administrati!
eecuti!e officers in accordance with and author
by law, ha!e the force and effect of lawo Re.uisites for !alidity
Rules should be germane to
ob2ects and purposes of the law
Regulations be not in contradic
with, but conform to, the standa
that the law prescribes
4he be for the sole purpose
carrying into effect the gen
pro!isions of the lawo Law cannot be restricted or etended
o Law pre!ails o!er regulations, if there
discrepancies
Rule3ma1ing power of public administrati!e agenca delegated legislati!e power 0 if it enlarges or rest
such statute is in!alid
Re.uisites for delegating a statute by legisla
branch to another branch of go!ernment to fil
details, eecution, enforcement, or administration
law$ the law must beo &omplete in itself
o /i a standard which may be epress
implied
Eample of BstandardC 0 simpli
and dignityH public interestH pu
welfareH interest of law and or
2ustice and e.uity and substanmerit of the caseH ade.uate
efficient instruction
Eampleo &hange of Band=orC to BorC 0 in!alid
o &hange of BmayC(permissi!e" to Bsh
(mandatory" 0 in!alid (Krego ! &O)EL
pp ::"
Administrati!e rule and interpretation distinguished
Rule 0 Bma1esC new law with the force and effect
!alid lawH binding on the courts e!en if they are no
agreement with the policy stated therein or with
innate wisdom
Interpretation 0 merely ad!isory for it is the courts
finally determine what the law means
Administrati!e construction is not necessarily bind
upon the courtsH it may be set aside by 2ud
department (if there is an error of law, or abuse
power or lac1 of 2urisdiction or KAD 0 gra!e abus
discretion"
'arangay ordinance
-
5/21/2018 62671766 Agpalo Notes
5/84
%angguniang barangay 0 smallest legislati!e bodyH
may pass an ordinance by ma2ority of all its membersH
sub2ect to re!iew by %angguniang bayan= panglungsod
%angguniang bayan= panglungsod 0 ta1e action on the
ordinance within -6 days from submissionH if theres
inaction, it is presumed to be consistent with the
municipal or city ordinanceH if inconsistency is found,it will remand to the %angguniang barangay
)unicipal ordinance
Lodged in the %angguniang bayan )a2ority of the .uorum !oting, ordinance is passed
Ordinance sent to )ayor within *6 days for appro!al
or !etoH if theres mayors inaction, ordinance is
presumed appro!edH if !etoed and o!erridden by :=- of
all members, ordinance is appro!ed
Appro!ed ordinance is passed to %angguniang
panlalawigan for re!iewo Githin -6 days may in!alidate in whole or in
part and its action is finalH if theres inaction
within -6 days, it is deemed !alid
&ity ordinance
>ested in %angguniang panglungsod )a2ority of the .uorum !oting, ordinance is passed
%ubmitted to )ayor within *6 days
o Appro!e
o >eto 0 :=- of all members 0 appro!ed
o Inaction 0 deemed appro!ed
If city or component city 0 submit to %angguniangpanlalawigan for re!iew which shall ta1e action within
-6 days, otherwise, it will be deemed !alid
Pro!incial ordinance
%angguniang panlalawigan 0 ma2ority of .uorum
!oting, passage of ordinance
/orwarded to the Ko!ernor who within *7 days from
receipt shallo Appro!e
o >eto 0 :=- of all members 0 appro!ed
o Inaction 0 deemed appro!ed
VALIDITY
Presumption of constitutionality
E!ery statute is presumed !alid
o Lies on how a law is enacted
o Due respect to the legislati!e who passed and
eecuti!e who appro!edo Responsibility of upholding the constitution
rests not on the courts alone but on the
legislati!e and eecuti!e branches as well
&ourts cannot in.uire into the wisdom or propriety of
laws
4o declare a law unconstitutional, the repugnancy of
the law to the constitution must be clear and
une.ui!ocal
All reasonable doubts should be resol!ed in fa!or of
the constitutionality of lawH to doubt is to sustain
/inal arbiter of unconstitutionality of law is
%upreme &ourt E5 'A5& (ma2ority who too1
and !oted thereon"
5onetheless, trial courts ha!e 2urisdiction to init
decide the issue of constitutionality of a law
appropriate cases
Re.uisites for eercise of 2udicial power
4he eistence of an appropriate case
Interest personal and substantial by the party raithe constitutional .uestion
Plea that the function be eercised at the ear
opportunity
5ecessity that the constitutional .uestion be pa
upon in order to decide the case
Appropriate case
'ona fide case 0 one which raises a 2ustici
contro!ersy
#udicial power is limited only to real, actual, earn
and !ital contro!ersy
&ontro!ersy is 2usticiable when it refers to m
which is appropriate for court re!iewH pertainissues which are inherently susceptible of bdecided on grounds recognied by law
&ourts cannot rule on Bpolitical .uestionsC 0 .uest
which are concerned with issues dependent upon
wisdom (!$ legality" of a particular act or mea
being assailed
o Bseparation of powersC
o @owe!er, &onstitution epands the con
of 2udicial re!iew 0 2udicial power inclu
the duty of the courts of 2ustice to settle ac
contro!ersies in!ol!ing rights which
legally demandable and enforceable and
determine whether or not there has been Kamounting to lac1 or ecess of 2urisdiction
the branch or the part of any bra
instrumentality of the Ko!ernment
%tanding to sue
Legal standing or locus standi 0 personal= substan
interest in the case such that the party has sustaine
will sustain direct in2ury as a result of go!ernmeact that is being challenged
BinterestC 0 an interest in issue affected by the decr
&itien 0 ac.uires standing only if he can establish
he has suffered some actual or threatened conc
in2ury as a result of the allegedly illegal conduct ofgo!ernment
o E$g$ tapayer 0 when it is shown that pu
funds ha!e been illegally disbursed
)ember of the %enate or of the @ouse has lstanding to .uestion the !alidity of the Preside
!eto or a condition imposed on an item in
appropriations bills
%& may, in its discretion, ta1e cogniance of a
which does not satisfy the re.uirement of l
standing
-
5/21/2018 62671766 Agpalo Notes
6/84
o E$g$ calling by the President for the
deployment of the Philippine )arines to 2oin
the P5P in !isibility patrols around the metro
Ghen to raise constitutionality
at the earliest possible opportunity 0 i$e$ in the
pleading
it may be raised in a motion for reconsideration = new
trial in the lower courtH or
in criminal cases 0 at any stage of the proceedings oron appeal
in ci!il cases, where it appears clearly that a
determination of the .uestion is necessary to a
decision, and in cases where it in!ol!es the 2urisdiction
of the court below
5ecessity of deciding constitutionality
where the constitutional .uestion is of paramount
public interest and time is of the essence in the
resolution of such .uestion, adherence to the strict
procedural standard may be relaed and the court, inits discretion, may s.uarely decide the case
where the .uestion of !alidity, though apparently hasbecome moot, has become of paramount interest and
there is undeniable necessity for a ruling, strong
reasons of public policy may demand that its
constitutionality be resol!ed
4est of constitutionality
is what the &onstitution pro!ides in relation to what
can or may be done under the statute, and not by what
it has been done under it$o If not within the legislati!e power to enact
o If !ague 0 unconstitutional in : respects >iolates due process
Lea!es law enforcers unbridled
discretion in carrying out its
pro!isions
o Ghere theres a change of circumstances 0
i$e$ emergency laws
Ordinances (test of !alidity are"
o It must not contra!ene the &onstitution or any
statute
o It must not be unfair or oppressi!e
o It must not be partial or discriminatory
o It must not prohibit but may regulate trade
o It must be general and consistent with public
policy
o It must not be unreasonable
Effects of unconstitutionality
It confers no rights
Imposes no duties
Affords no protection
&reates no office
In general, inoperati!e as if it had ne!er been passed
: !iews
o Orthodo !iew 0 unconstitutional act is n
lawH decision affect ALL
o )odern !iew 0 less stringentH the cour
passing upon the .uestion
unconstitutionality does not annul or rep
the statute if it finds it in conflict with
&onstitutionH decisions affects parties O5
and no 2udgment against the statuteH opin
of court may operate as a precedentH it d
not repeal, supersede, re!o1e, or annulstatute
In!alidity due to change of conditions
Emergency laws
It is deemed !alid at the time of its enactment a
eercise of police power
It becomes in!alid only because the change
conditions ma1es its continued operation !iolati!the &onstitution, and accordingly, the declaration o
nullity should only affect the parties in!ol!ed in
case and its effects applied prospecti!ely
Partial in!alidity Keneral rule that where part of a statute is !oid
repugnant to the &onstitution, while another par
!alid, the !alid portion, if separable from the in!a
may stand and be enforced
Eception 0 that when parts of a statute are
mutually dependent and connected, as conditi
considerations, inducements, or compensations
each other, as to warrant a belief that the legislaintended them as a whole, the nullity of one part
!itiate the rest 0 such as in the case of Tatad v Se
Department of Energy and Antonio v. COMELEC
EFFECT AND OPERATION
Ghen laws ta1e effect
Art : && 3 B laws to be effecti!e must be publis
either in the Official Kaette or in a newspapegeneral circulation in the countryC
o 4he effecti!ity pro!ision refers to all statu
including those local and pri!ate, unless th
are special laws pro!iding a diffe
effecti!ity mechanism for particular statut
%ec *; &hapter 7 'oo1 * of Administrati!e &ode
Effecti!ity of laws
o default rule 0 *73day period
o must be published either in the OKnewspaper of general circulation in countryH publication must be full
4he clause Bunless it is otherwise pro!idedC 0 so
refers to the *73day period and not to the re.uirem
of publication
Ghen Presidential issuances, rules and regulations ta1e effec
4he Presidents ordinance power includes the autho
to issue EO, AO, Proclamations, )O, )& and gen
or specific orders
-
5/21/2018 62671766 Agpalo Notes
7/84
Re.uirement of publication applies ecept if it is
merely interpretati!e or internal in nature not
concerning the public
: types
o 4hose whose purpose is to enforce or
implement eisting law pursuant to a !alid
delegation or to fill in the details of a statuteH
re.uires publication
o 4hose which are merely interpretati!e in
nature or internalH does not re.uirepublication
Re.uirements of filing (*+; Administrati!e &ode"
o E!ery agency shall file with the FP Law
&enter - certified copies of e!ery rule
adopted by it$ Rules in force on the date of
effecti!ity of this &ode which are not filed
within - months from that date shall not
thereafter be the basis of any sanction againstany party= persons
Ghen local ordinance ta1es effect
Fnless otherwise stated, the same shall ta1e effect *6days from the date a copy is posted in a bulletin board
at the entrance of the pro!incial capitol or city,
municipality or barangay hall, A5D in at least : other
conspicuous places in the local go!ernment unitconcerned
4he secretary to the %angguinian concerned shall cause
the posting not later than 7 days after appro!alH tet
will be disseminated in English or 4agalogH the
secretary to the %angguinian concerned shall record
such fact in a boo1 1ept for that purpose, stating the
dates of appro!al and posting
Kist of ordinance with penal sanctions shall be
published in a newspaper of general circulation withinthe respecti!e pro!ince concernedH if 5O newspaper ofgeneral circulation in the pro!ince, PO%4I5K shall be
made in all municipalities and cities of the pro!ince
where the %anggunian of origin is situated
/or highly urbanied and independent component
cities, main features of the ordinance, in addition to the
posting re.uirement shall be published once in a local
newspaper$ In the absence of local newspaper, in anynewspaper of general circulation
o @ighly urbanied city 0 minimum population
of :66,666 and with latest annual income of
at least 76) Php
%tatutes continue in force until repealed
Permanent= indefinite 0 law once established continues
until changed by competent legislati!e power$ It is not
changed by the change of so!ereignty, ecept that of
political nature
4emporary 0 in force only for a limited period, and
they terminate upon epiration of the term stated or
upon occurrence of certain e!entsH no repealing statute
is needed
4erritorial and personal effect of statutes
All people within the 2urisdiction of the Philippines
)anner of computing time
%ee Art$ *- &&
Ghere a statute re.uires the doing of an act with
specified number of days, such as ten days f
notice, it means ten calendar days and 5O4
wor1ing days
E$g$ * year from Oct$ 9, *+98 is Oct$ 9, *+9
If last day falls on a %unday or holiday, the act can
be done the following day Principle of Beclude the first, include the lastC DO
5O4 APPLM to the computation of the period
prescription of a crime, in which rule, is that if the
day in the period of prescription of a felony falls o
%unday or legal holiday, the information concern
said felony cannot be filed on the net wor1ing daythe offense has by then already prescribed
CHAPTER TWO: Construt!on an" Inter#retat!on
NATURE AND PURPOSE
&onstruction defined
&onstruction is the art or process of disco!ering
epounding the meaning and intention of the auth
of the law, where that intention rendered doubtf
reason of ambiguity in its language or of the fact
the gi!en case is not eplicitly pro!ided for in the la
&onstruction is drawing of warranted conclus
beyond direct epression of the tet epressions w
are in spirit though not within the tet$
ine!itably, there enters into the construction
statutes the play of #FDI&IAL #FDK)E54 withe limits of the rele!ant legislati!e materials
it in!ol!es the EER&I%E O/ &@OI&E 'M 4
#FDI&IARM
&onstruction and interpretation distinguished
4hey are so ali1e in practical results and so are u
interchangeablyH synonymous$
&onstruction Interpretation
3 process of drawing
warranted conclusions notalways included in direct
epressions, or determiningthe application of words to
facts in litigation
3 art of finding the true
meaning and sense of anyform of words
Rules of construction, generally
Rules of statutory construction are tools used
ascertain legislati!e intent$
5O4 rules of law but mere aioms of eperience
In enacting a statute, the legislature is presume
1now the rules of statutory construction, in case
doubt, be construed in accordance with the se
principles of interpretation$
-
5/21/2018 62671766 Agpalo Notes
8/84
Legislature sometimes adopts rules of statutory
construction as part of the pro!isions of the statute 3
see eamples page 9+376
Legislature also defines to ascertain the meaning of
!ague, broad words= terms
Purpose of ob2ect of construction
4he purpose is to ascertain and gi!e effect to the intentof the law$
4he ob2ect of all 2udicial interpretation of a statute is todetermine legislati!e intent, either epressly or
impliedly, by the language usedH to determine the
meaning and will of the law ma1ing body and disco!er
its true interpretations of law$
Legislati!e intent, generally
is the essence of the law
Intent is the spirit which gi!es life to legislati!e
enactment$ It must be enforced when ascertained,
although it may not be consistent with the strict letter
of the statute$ It has been held, howe!er, that that the
ascertainment of legislati!e intent depend more on a
determination of the purpose and ob2ect of the law$ Intent is sometimes e.uated with the word Bspirit$C
Ghile the terms purpose, meaning, intent, and spiritare oftentimes interchangeably used by the courts, not
entirely synonymous
Legislati!e purpose
A legislati!e purpose is the reason why a particular
statute was enacted by legislature$
Legislation Bis an acti!e instrument and go!ernment
which, for the purpose of interpretation means thatlaws ha!e ends to be achie!edC
Legislati!e meaning Legislati!e meaning is what the law, by its language,
means$
Ghat it comprehendsH
Ghat it co!ers or embracesH
Ghat its limits or confines are$
Intent and )eaning 0 synonymous
If there is ambiguity in the language used in a statute,its purpose may indicate the meaning of the language
and lead to what the legislati!e intent is
Kraphical illustration 0
Federation of Free Farmers v CA. RA 5o$ ;6+ %ec$ * 0 BIn absence of a written milling
agreements between the ma2ority of the planters and
the millers, the unrefined sugar as well as all by3products shall be di!ided between themC
RA ;6+ %ec$ + 0 B4he proceeds of any increase in
participation granted by the planters under this act and
abo!e their present share shall be di!ided between the
planter and his laborer in the proportion of 86N
laborer and 96N planterC
4o gi!e literal import in interpreting the two section
will defeat the purpose of the Act
4he purpose
o &ontinuous production of sugar
o 4o grant the laborers a share in the increa
participation of planters in the sugar produ
4he legislati!e intent is, thus to ma1e the act opera
irrespecti!e of whether there eists a mil
agreement between central and the sugar planters$
)atters in.uired into in construing a statute
BIt is not enough to ascertain the intention ofstatuteH it is also necessary to see whether the inten
or meaning has been epressed in such a way a
gi!e it legal effect or !alidityC
4hus 4he ob2ect of in.uiry is not only to 1now w
the legislature used sufficiently epresses
meaning$ 4he legal act is made up of : elements
o internal 0 intention
o eternal3 epression
/ailure of the latter may defeat the former
Ghere legislati!e intent is ascertained 4he primary source of legislati!e intent is the sta
itself$
If the statute as a whole fails to indicate the legisla
intent because of ambiguity, the court may l
beyond the statute such aso Legislati!e history 0 what was in
legislati!e mind at the time the statute enactedH what the circumstances wereH w
e!il was meant to be redressed
o Purpose of the statute 0 the reason or ca
which induced the enactment of the law,
mischief to be suppressed, and the po
which dictated its passageo when all these means fail, loo1 into the ef
of the law$
If the -rdmeans (effect of the lawfirst used, it will be 2ud
legislation
POWER TO CONSTRUE
&onstruction is a 2udicial function
It is the court that has the final word as to what the
means$
It construes laws as it decide cases based on fact
the law in!ol!ed
Laws are interpreted in the contet of a peculiar fac
situation of each case
&ircumstances of time, place, e!ent, person particularly attendant circumstances and act
before, during and after the operati!e fact ha!e ta
their totality so that 2ustice can be rationally and fa
dispensed$
)oot and academic 0
o Purpose has become stale
o 5o practical relief can be granted
o Relief has no practical effect
-
5/21/2018 62671766 Agpalo Notes
9/84
Keneral rule (on mootness" 0 dismiss the case
o Eception
If capable of repetition, yet e!ading
re!iew
Public interest re.uires its resolution
Rendering decision on the merits
would be of practical !alue
Legislati!e cannot o!errule 2udicial construction
It cannot preclude the courts from gi!ing the statutedifferent interpretation
Legislati!e 0 enact laws
Eecuti!e3 to eecute laws
#udicial3 interpretation and application
If the legislature may declare what a law means 0 it
will cause confusionit will be !iolati!e of the
fundamental principles of the constitution of
separation powers$
Legislati!e construction is called resolution or
declaratory act
Endencia v David
Eplains why legislati!e cannot o!errule %upreme
&ourts decision
Perfecto v. Meer
Art$ ; %ec$ + *+-7 &onstitution 0 %&s interpretation
Bshall recei!e such compensation as may be fied by
law, which shall not be diminished during their
continuance in officeC 0 eempt from income ta
Legislati!e passed RA 7+6 %ec$ *- 0 Bno salary
whene!er recei!ed by any public officer of theRepublic shall be considered eempt from the income
ta, payment of which is hereby declared not to be adiminution of his compensation fied by the
&onstitution or by lawC
%ource of confusion
>iolati!e of principle on separation of powers
RA 7+6 %ec *- 0 unconstitutional
Art ; %ec$ + *+-7 0 repealed by Art$ *7 %ec$ 8 *+-
&onstitution 0 Bno salary or any form of emolument of
any public officer or employee, includingconstitutional officers, shall be eempt from payment
of income taC
4hus, 2udiciary is not eempt from payment of ta
anymore
Ghen 2udicial interpretation may be set aside
BInterpretations may be set aside$C 4he interpretation
of a statute or a constitutional pro!ision by the courtsis not so sacrosanct as to be beyond modification or
nullification$
4he %upreme &ourt itself may, in an appropriate case
change or o!errule its pre!ious construction$
4he rule that the %upreme &ourt has the final word in
the interpretation or construction of a stature merely
means that the legislature cannot, by law or resolution,
modify or annul the 2udicial construction without
modifying or repealing the !ery statute which has b
the sub2ect of construction$ It can, and it has done
by amending or repealing the statute, the conse.ue
of which is that the pre!ious 2udicial constructio
the statute is modified or set aside accordingly$
Ghen court may construe statute
B4he court may construe or interpret a statute unthe condition that 4@ERE I% DOF'4
A)'IKFI4MC Ambiguity 0 a condition of admitting : or m
meanings$ %usceptible of more than one interpretat
Only when the law is ambiguous or doubtfu
meaning may the court interpret or construe its inte
&ourt may not construe where statute is clear
A statute that is clear and unambiguous is susceptible of interpretations$
/irst and fundamental duty of court 0 to apply the l
&onstruction 0 !ery last function which the c
should eercise
Law is clear 0 no room for interpretation, only ro
for application &ourts cannot enlarge or limit the law if it is clear
free from ambiguity (e!en if law is harsh or onerou
A meaning that does not appear nor is intendedreflected in the !ery language of the statute canno
placed therein by construction
Manikan v. Tanodbayan
%ec$ PD **83A 0 Bsole police authorityC of EP
officials may not be construed as an eception to
limitation on, the authority of the 4anodbayanin!estigate complaints for !iolation of the anti3g
law committed by the EPA officials
EPAs power 0 not eclusi!eH BsoleC refers to poauthority not emplyed to describe other power
Lapid v. CA
Issue whether or not the decision of the Ombudsm
imposing a penalty of suspension of one year with
pay is immediately eecutory
Administrati!e &ode and LK& 0 not suppletory
Ombudsman Act
4hese three laws are related or deal with pu
officers, but are totally different statutes
An administrati!e agency tas1ed to implemen
statute may not construe it by epanding its meawhere its pro!isions are clear and unambiguous
Land ank v. CA
DAR interpreted BdepositsC to include trust accoun
%& held that BdepositsC is limited only to cash
L'P bonds
Libanan v. !"ET
Issue whether ballots not signed at the bac1 by
chairman of the 'oard of Election Inspectors ('EI"spurious, since it !iolated %ec$ :9 RA *88
-
5/21/2018 62671766 Agpalo Notes
10/84
@eld not spuriousH only renders the 'EI accountable
Rulings of %upreme &ourt part of legal system
Art$ ; && 0 B#udicial decisions applying or
interpreting the laws or the &onstitution shall form part
of the legal system of the PhilippinesC
Legis interpretato #egis vim obtinet 0 authoritati!e
interpretation of the %& of a statute ac.uires the force
of law by becoming a part thereof as of the date of its
enactment , since the courts interpretation merelyestablishes the contemporaneous legislati!e intent thatthe statute thus construed intends to effectuate
Stare decisis et non $%ieta novere & when the %& has
once laid down a principle of law as applicable to a
certain state of facts, it will adhere to that principle andapply it to all future casese where the facts are
substantially the same
o /or stability and certainty
%upreme &ourt becomes, to the etent applicable, the
criteria that must control the actuations not only of
those called upon to abide thereby but also of those
duty3bound to enforce obedience thereto$
%& rulings are binding on inferior courts
#udicial rulings ha!e no retroacti!e effect
Le prospicit not respicit 3 the law loo1s forward, not
bac1ward
Rationale Retroacti!e application of a law usually
di!est rights that ha!e already become !ested or
impairs he obligations of contract and hence is
unconstitutional$
Peo !$ #abinal
Peo ! )acarandang 0 peace officer eempted fromissuance of license of firearms 0 included a secret
agent hired by a go!ernor
Peo$ !$ )apa 0 abandoned doctrine of )acarandang in
*+8
4he present case, #abinal was arraigned while the
)acarandang Doctrine was still pre!ailing, howe!er,
the decision was promulgated when the )apa doctrine
was in place
4he &ourt held that #abinal is ac.uitted using stare
decisis doctrine and retroacti!ity doctrine
Co. v. CA
On 'P ::, &o is ac.uitted in relying on the &ircular
issuedH ue doctrine, which con!icted ue under 'P
::, was not gi!en retroacti!e application
"oa v. Co##ector of C%stoms
Fsed 2us soli (place of birth"
%& fa!ored 2us sanguinis (by blood"
@owe!er, the abandonment of the principle of 2us soli
did not di!est the citienship of those who, by !irtue of
the principle before its re2ection, became of were
declared citiens of the Philippines
en'onan v. CA
Issue when to count the 73year period to repurchase
land granted &A *9*
)onge ! Angeles (*+7" and 4upas ! Damaso (*+
0 from the date of con!eyance or foreclosure sale
'elisario !$ IA& (*+;;" 0 from the period after
epiration of the *3year period of repurchase
4he %& held that the doctrine that should apply is
which was enunciated in )onge and 4upas beca
the transactions in!ol!ed too1 place prior to 'elis
and not that which was laid down in the latter cwhich should be applied prospecti!ely
&ourt may issue guidelines in construing statute
In construing a statute, the enforcement of which m
tread on sensiti!e areas of constitutional rights,
court may issue guidelines in applying the statute,
to enlarge or restrict it but to clearly delineate what
law is$
Peo. v. Ferrer
Ghat acts that may be considered liable under
Anti3%ub!ersion Act
Mora#es v. Enri#e
Rights of a person under custodial in!estigation
"P v. CA( Mo#ina
Kuidelines for ascertaining psychological incapacit
an erring spouse in a !oid marriage under Art$ -8 /
LIMITATIONS ON POWER TO CONSTRUE
&ourts may not enlarge nor restrict statutes
&ourts are not authoried to insert into the law wthey thin1 should be in it or to supply what they
legislature would ha!e supplied if its intention
been called to the omission$ 4hey should not by construction, re!ise e!en the m
arbitrary or unfair action of the legislature, nor rew
the law to conform to what they thin1 should be
law$
5either should the courts construe statutes which
perfectly !ague for it !iolates due process
o /ailure to accord persons fair notice of
conduct to a!oid
o Lea!e law enforcers unbridled discretio
carrying out its pro!isions
: leading stars on 2udicial construction
o Kood faith
o commonsense an utterly !ague act on its face cannot be clarified
either a sa!ing clause or by construction
&ourts not to be influenced by .uestions of wisdom
&ourts do not sit to resol!e the merit of conflictheories
&ourts do not pass upon .uestion of wisdom, 2ustic
epediency of legislation, for its not within t
pro!ince to super!ise legislation and 1eep it within
bounds of common sense$
-
5/21/2018 62671766 Agpalo Notes
11/84
4he court merely interpret regardless of whether or not
they wise or salutary$
CHAPTER THREE: A!"s to Construt!on
IN GENERAL
Kenerally
Ghere the meaning of a statue is ambiguous, the court
is warranted in a!ailing itself of all illegitimate aids toconstruction in order that it can ascertain the true intent
of the statute$
4he aids to construction are those found in the printed
page of the statute itselfH 1now as the intrinsic aids,
and those etraneous facts and circumstances outside
the printed page, called e)trinsic aids$
4itle
It is used as an aid, in case of doubt in its language to
its construction and to ascertaining legislati!e will$
If the meaning of the statute is obscure, courts mayresort to the title to clear the obscurity$
4he title may indicate the legislati!e intent to etend orrestrict the scope of law, and a statute couched in a
language of doubtful import will be constructed to
conform to the legislati!e intent as disclosed in its title$
Resorted as an aid where there is doubt as to the
meaning of the law or as to the intention of the
legislature in enacting it, and not otherwise$
%er!e as a guide to ascertaining legislati!e intent
carries more weight in this 2urisdiction because of the
constitutional re.uirement that Be!ery bill shall
embrace only one sub2ect who shall be epressed in
the title thereof$
4he constitutional in2unction ma1es the title an
indispensable part of a statute$
ag%io v. Marcos
4he .uestion raised is when to count the 96 yr period
to file a petition for reopening of cadastral proceedings
(to settle and ad2udicate the titles to the !arious lots
embraced in the sur!ey" as authoried by RA +-*
co!ering the lands that ha!e been or about to be
declared land of public domain, by !irtue of 2udicial
proceedings instituted w=in the 96 years net preceding
the appro!al of this act$
4he .uestion is as1ed if the proceeding be reopenedoriginally instituted in court April *:, *+*: or
5o!ember :7, *+::, the counted date form which thedecision therein rendered became final$ Petition was
filed on #uly :7, *+8*
4itle of the Law BAn Act to authorie the filing in the
proper court under certain conditions of certain claims
of title to parcels of land that ha!e been declaredpublic land, by !irtue of the appro!al of this act$C
4here was an apparent inconsistency between the title
and body of the law$
It ruled that the starting date to count the period is the
date the final decision was rendered$
It recites that it authories court proceedings of cla
to parcels of land declared public by !irtue of 2udi
decisions rendered within forty years net preced
the appro!al of this act$
4hat title written in capital letters by &ongress its
such 1ind of title then is not to be classed with w
or titles used by compilers of statues because it islegislature spea1ing$
Gords by !irtue of 2udicial decisions rendered in
title of the law stand in e.ual importance to the phin %ections * thereof by !irtue of 2udicial proceed
instituted$
4he court ruled that eamining Act no$ :;9 in de
was intended to apply to public lands only for the
of the act, always indicati!e of legislati!e intent$
5o bill shall embrace more than one sub2ect, wsub2ect shall be epressed in the title of the bill,
words and for other purposes when found in the
ha!e been held to be without force or ef
whatsoe!er and ha!e been altogether discarded
construing the Act$
Ebar#e v. S%ca#dito 4he issue is raised whether Eecuti!e order no$
entitled B Outlining the procedure by which complacharging go!ernment officials and employees w
commission of irregularities should be guidedC app
to criminal actions, to the end that no prelimin
in!estigation thereof can be underta1en or informa
file in court unless there is pre!ious compliance w
the eecuti!e order$
EO only applies to administrati!e and not to crim
complaints$
4he !ery title spea1s of commission of irregularitie
Ghen resort to title not authoried 4he tet of the statute is clear and free from doubt,
improper to resort to its title to ma1e it obscure$
4he title may be resorted to in order to remo!e, but
to create doubt$
Preamble
It is a part of the statute written immediately afte
title, which states the purpose, reason for
enactment of the law$
Fsually epress in whereas clauses$
Kenerally omitted in statutes passed by
Phil$ &ommission
Phil$ Legislature 5ational Assembly
&ongress of the Phil
'atasang Pambansa
4hese legislati!e bodies used the eplanatory not
eplain the reasons for the enactment of statutes$
Etensi!ely used if Presidential decrees issued by
President in the eercise of his legislati!e power$
Ghen the meaning of a statute is clear
unambiguous, the preamble can neither epand
restrict its operation, much less pre!ail o!er its t
-
5/21/2018 62671766 Agpalo Notes
12/84
5or can be used as basis for gi!ing a statute a
meaning$
Ghen the statute is ambiguous, the preamble can be
resorted to clarify the ambiguity$
Preamble is the 1ey of the statute, to open the minds of
the lawma1ers as to the purpose is achie!ed, the
mischief to be remedied, and the ob2ect to beaccomplished, by the pro!isions of the legislature$
)ay decide the proper construction to be gi!en to the
statute$ )ay restrict to what otherwise appears to be a broad
scope of law$
It may epress the legislati!e intent to ma1e the law
apply retroacti!ely in which case the law has to be
gi!en retroacti!e effect$
Illustration of rule
Peop#e v. P%risima
A person was charged w= !iolation of PD + which
penalies, among others, the carrying outside of ones
residence any bladed, blunt or pointed weapon not
used as a necessary tool or implement for li!elihood,with imprisonment ranging from fi!e to ten years$
uestion rose whether the carrying of such weapon
should be in relation to sub!ersion, rebellion,insurrection, lawless !iolence, criminality, chaos or
public disorder as a necessary element of the crime$
4he mere carrying of such weapon outside ones
residence is sufficient to constitute a !iolation of the
law
Pursuant to the preamble which spelled out the e!ents
that led to the enactment of the decree the clear intent
and spirit of the decree is to re.uire the moti!ationmentioned in the preamble as in indispensable element
of the crime$ 4he se!erity of the penalty for the !iolation of the
decree suggests that it is a serious offense, which may
only be 2ustified by associating the carrying out of
such bladed of blunt weapon with any of the purposes
stated in its preamble$
Peo v. Ec*ave'
Issue whether a person who s.uatted on a pastoral
land could be held criminally liable for the !iolation of
PD : Bany person who, with the use of force,
intimidation or threat, or ta1ing ad!antage of the
absence or tolerance of the land owner, succeeds in
occupying or possessing the property of the latteragainst his will for residential, commercial or anyother purposes$
4he decree was promulgated to sol!e the s.uatting
problem which according to its preamble is still a
ma2or problem in urban communities all o!er the
country and because many persons and entities found
to ha!e been unlawfully occupying public and pri!ate
lands belong to the affluent class$
4he court said that crime may only be committed in
urban communities and not in agricultural and pastural
lands because the preamble of the decree shows that it
was intended to apply for s.uatting in urban la
more particularly to illegal constructions$
&ontet of whole tet
4o ascertain legislati!e intent is the statute itself ta
as a whole and in relation to one another conside
the whole contet of the statute and not from
isolated part of the pro!ision$
4he meaning dictated by the contet pre!ails$
E!ery section, pro!ision, or clause of the statute mbe epounded by reference to each other in orde
arri!e at the effect contemplated by the legislature$
Punctuation mar1s
%emi3 colon 0 used to indicate a separation in
relation of the thought, what follows must ha!
relation to the same matter it precedes it$
&omma and semi3 colon are use for the same purp
to di!ide sentences, but the semi 0 colon ma1es
di!ision a little more pronounce$ 'oth are not use
introduce a new idea$
Punctuation mar1s are aids of low degree and
ne!er control against the intelligible meaningwritten words$
An ambiguity of a statute which may be partiall
wholly sol!ed by a punctuation mar1 may considered in the construction of a statute$
4he .ualifying effect of a word or phrase may
confined to its last antecedent if the latter is separ
by a comma from the other antecedents$
An argument based on punctuation is not persuasi!
Illustrati!e eamples
F#orentino v. P+
Bwho may be willing to accept the same for ssettlementC 0 this implies discretion
%& held only the last antecedent 0 Bany citien of
Philippines or any association or corporation organ
under the laws of the PhilippinesC
pursuant to which bac1pay certificate3holders
compel go!ernment3owned ban1s to accept
certificates for payment of their obligations subsisat the time of the amendatory act was appro!ed
+era v. ,arcia
Bif the charge against such subordinate or emplo
in!ol!es dishonesty, oppression, or gra!e miscon
or neglect in the performance of his dutyC
BdishonestyC and BoppressionC 0 need not committed in the course of the performance of duty
the person charges
Peo. v. S%bido
%ubsidiary imprisonment in case of insol!e
.ualifies both non3payment of indemnity and n
payment of fine
&apitaliation of letters
An aid of low degree in the construction of statute$
-
5/21/2018 62671766 Agpalo Notes
13/84
@eadnotes or epigraphs
%econdary aids
4hey are prefied to sections, or chapters of a statute
for ready reference or classification$
5ot entitled too much weight, and inferences drawn
there from are of little !alue and they can ne!er control
the plain terms of the enacting clauses, for they are not
part of the law$
4he pro!isions of each article are controlling upon the
sub2ect thereof and operate as a general rule forsettling such .uestions as are embraced therein$
Ghen the tet of a statute is clear and unambiguous,
there is neither necessity nor propriety to resort to the
headings or epigraphs of a section for interpretation of
the tet, especially when they are mere reference aids
indicating the general nature of the tet that follows$
Lingual tet
Rule is that, unless pro!ided, where a statute is
promulgated in English and %panish, English shall
go!ern but in case of ambiguity, %panish may be
consulted to eplain the English tet$
A statute is officially promulgated in %panish or inEnglish, or in /ilipino
BIn the interpretation of a law or administrati!eissuance promulgated in all the official languages, the
English tet shall control, unless otherwise pro!ided$
Intent or spirit of law
It is the law itself$
&ontrolling factor, leading star and guiding light in the
application and interpretation of a statute$
A statute must be according to its spirit or intent$
4he courts cannot assume an intent in no way
epressed and then construe the statute to accomplishthe supposed intentionH otherwise they would pass
beyond the bounds of 2udicial power to usurp
legislati!e power$
Policy of law
%hould be gi!en effect by the 2udiciary$
One way to accomplish this mandate is to gi!e astatute of doubtful meaning, a construction that will
promote public policy$
Tinio v. Francis
Policy of the law 0 to conser!e the land of the
homesteader not be sub2ect to encumbrance= alienation from the
date of the appro!al of the application and for a termof 7 years from and after the date of the issuance of the
patent or grant
o from the ORDER for the issuance of patent
o if literal interpretation is to be used, policy
will be defeated
Ca-i%at v. Mat*ay
policy 0 against double pensions for the same ser!ices
a law which grants retirable employees certain grat
Bin addition to other benefits which they are enti
under eisting lawsC &A55O4 be construed a
authorie the grant of double gratuity
Bother benefitsC may be
o Refund of contributions
o Payment of the money !alue of accumul
!acation and sic1 lea!es
Purpose of law or mischief to be suppressed
Intended to be remo!ed or suppressed and the cau
which induced the enactment of the law are imporfactors to be considered in this construction$
o Purpose or ob2ect of the law
o )ischief intended to be remo!ed
o &auses which induced the enactment of
law
)ust be read in such a way as to gi!e effect to
purpose pro2ected in the statute$
4he purpose of the general rule is not determinati!
the proper construction to be gi!en to the eception
Purpose of statute is more important than the rule
grammar and logic in ascertaining the meaning
Dictionaries
A statute does not define word or phrases used$
Kenerally define words in their natural plain
ordinary acceptance and significance$
&onse.uences of !arious constructions
In.uired as an additional aid to interpretation$
A construction of a statute should be re2ected that
cause in2ustice and hardship, result in absurdity, delegislati!e intent or spirit, preclude accomplishmen
legislati!e purpose or ob2ect, render certain word
phrases a surplusage, nullify the statute or ma1e an
its pro!isions nugatory$
Presumptions
'ased on logic, eperience, and common sense, anthe absence of compelling reasons to the contr
doubts as to the proper and correct construction
statute will be resol!ed in fa!or of that construc
which is in accord with the presumption on the mat
o &onstitutionality of a statute
o &ompleteness
o Prospecti!e operation
o Right and 2ustice
o Effecti!e, sensible, beneficial and reason
operation as a whole
o Against inconsistency and implied repeal
unnecessary changes in law
impossibility
absurdity
in2ustice and hardship
incon!enience
ineffecti!eness$
-
5/21/2018 62671766 Agpalo Notes
14/84
LEGISLATIVE HISTORY
Kenerally
A statute is susceptible of se!eral interpretations or
where there is ambiguity in the language, there is no
better means of ascertaining the will and intention of
the legislature than that which is afforded by the
history of the statute$
Ghat constitutes legislati!e history @istory of a statute refers to all its antecedents from its
inception until its enactment into law$
Its history proper co!ers the period and the steps done
from the time the bill is introduced until it is finally
passed by the legislature$
Ghat it includes
o Presidents message if the bill is enacted in
response thereto,
o 4he eplanatory note accompanying the bill
o &ommittee reports of legislati!e
in!estigations
o Public hearings on the sub2ect of the bill
o %ponsorship speecho Debates and deliberations concerning the bill
o Amendments and changes in phraseology in
which it undergoes before final appro!al
thereof$
o If the statute is based from a re!ision, a prior
statute, the latters practical application and
2udicial construction,
o >arious amendments it underwent
o &ontemporary e!ents at the
Presidents message to legislature
4he president shall address the congress at the opening
of its regular session or appear before it at any othertime$
Fsually contains proposed legal measures$
Indicates his thin1ing on the proposed legislation,
when enacted into law, follows his line of thin1ing on
the matter$
Eplanatory note
A short eposition of eplanation accompanying a
proposed legislation by its author or proponent$
Ghere there is ambiguity in a statute or where a statute
is susceptible of more than one interpretation, courts
may resort to the eplanatory note to clarify the
ambiguity and ascertain the purpose or intent of the
statute$
Fsed to gi!e effect to the purpose or intent asdisclosed in its eplanatory note$
A statute affected or changed an eisting law and the
eplanatory note to the bill which has e!entually
enacted into a law states that the purpose is too simply
to secure the prompt action on a certain matter by the
officer concerned and not to change the eisting lawH
the statute should be construed to carry out such
purpose$
It may be used as a basis for gi!ing a statute a mean
that is inconsistent with what is epressed in the te
the statute$
Legislati!e debates, !iews and deliberations
&ourts may a!ail to themsel!es the actual proceed
of the legislati!e body to assist in determiningconstruction of a statute of doubtful meaning$
4here is doubt to what a pro!ision of a statute me
that meaning which was put to the pro!ision duringlegislati!e deliberation or discussion on the bill may
adopted$
>iews epressed are as to the bills purpose, mean
or effect are not controlling in the interpretation of
law$
It is impossible to determine with authority wconstruction was put upon an act by the member
the legislati!e body that passed the bill$
4he opinions epressed by legislators in the cours
debates concerning the application of eisting laws
not also gi!en decisi!e weight, especially where
legislator was not a member of the assembly
enacted the said laws$ Ghen a statute is clear and free from ambiguity, co
will not in.uire into the moti!es which influence
legislature or indi!idual members, in !oting forpassageH no indeed as to the intention of the draftsm
or the legislators, so far as it has not been epres
into the act$
Reports of commissions
&ommissions are usually formed to compile
collate all laws on a particular sub2ect and to prepthe draft of the proposed code$
Prior laws from which statute is based &ourts are permitted to prior laws on the same sub
and to in!estigate the antecedents of the sta
in!ol!ed$
4his is applicable in the interpretation of co
re!ised or compiled statutes, for the prior law wh
ha!e been codified, compiled or re!ised will show
legislati!e history that will clarify the intent of theor shed light on the meaning and scope of the codi
or re!ised statute$
Peo. v. Manantan
Issue whether or not 2ustice of peace is included
&ontention of )anantan, who is a 2ustice of peacthat the omission of B2ustice of peaceC re!ealed
intention of the legislature to eclude such fromoperation
@eld contention denied$ In holding that the w
B2udgeC includes B2ustice of peaceC, the &ourt said
Ba re!iew of the history of the Re!ised Election &
will help 2ustify and clarify the abo!e conclusionC
Director of Lands v. Abaya
Ghen to count the *63year period, either from the the decision was rendered or from the date 2udi
proceedings instituted in cadastral cases
-
5/21/2018 62671766 Agpalo Notes
15/84
@eld court resol!ed the issue by referring to 9 older
laws which ha!e in common that counting of the
period starts from the date of the institution of the
2udicial proceeding and not from the date the 2udgment
is rendered
Sa#aysay v. Castro
BActually holdingC < Blastly electedC
4hus, a !ice mayor acting as mayor is not included inthe pro!ision
&hange in phraseology by amendments
Intents to change the meaning of the pro!ision$
A statute has undergone se!eral amendments, each
amendment using different phraseology, the deliberateselection of language differing from that of the earlier
act on the sub2ect indicates that a change in meaning of
the law was intended and courts should so construe
that statute as to reflect such change in meaning$
Commissioner of C%stoms v. CTA
Bnational portC (new law" not the same as Bany portC(old law"H otherwise, BnationalC will be a surplusage
Amendment by deletion
Deletion of certain words or phrases in a statute
indicates that the legislature intended to change the
meaning of the statute, for the presumption is that the
legislation would not ha!e made the deletion had the
intention been not effect a change in its meaning$
A statute containing a pro!ision prohibiting the doing
of a certain thing is amended by deleting suchpro!ision$
,#oria v. CA Issue whether a public officer or employee, who has
been pre!enti!ely suspended pending in!estigation of
the administrati!e charges against him, is entitled to
his salary and other benefits during such pre!enti!e
suspension
@eld &ourt answered in the negati!e because such
pro!ision with regard to payment of salaries duringsuspension was deleted in the new law
%enaseda v. F#avier
Ombusman and his deputy can only pre!enti!ely
suspend respondents in administrati!e cases who are
employed in his office, and not those who areemployees in other department or offices of thego!ernment
Eceptions to the rule (of amendment by deletion"
An amendment of the statue indicates a change in
meaning from that which the statute originally had
applies only when the intention is clear to change the
pre!ious meaning of the old law$
Rules dont apply when the intent is clear that the
amendment is precisely to plainly epress the
construction of the act prior to its amendment because
its language is not sufficiently epressi!e of s
construction$
/re.uently, words do not materially affect the se
will be omitted from the statute as incorporated in
code or re!ised statute, or that some general idea
be epressed in brief phrases$
Adopted statutes
/oreign statutes are adopted in this country or fr
local laws are patterned form parts of the legislahistory of the latter$
Local statutes are patterned after or copied from th
of another country, the decision of the courts in s
country construing those laws are entitled to g
weight in the interpretation of such local statutes$
Limitations of rule
A statute which has been adopted from that o
foreign country should be construed in accorda
with the construction gi!en it in the country of or
is not without limitations$
Principles of common law Qnown as Anglo3American 2urisprudence which i
in force in this country, sa!e only insofar as
founded on sound principles applicable to lconditions and is not in conflict with eisting
ne!ertheless, many of the principles of the comm
law ha!e been imported into this 2urisdiction as a re
of the enactment of laws and establishment
institutions similar to those of the F%$
&onditions at time of enactment
In enacting a statute, the legislature is presume
ha!e ta1en into account the eisting conditions
things at the time of its enactment$
In the interpretations of a statute, consider the phys
conditions of the country and the circumstances t
obtain understanding as to the intent of the legislaor as to the meaning of the statute$
@istory of the times
A court may loo1 to the history of the tim
eamining the state of things eisting when the sta
was enacted$
A statute should not be construed in a spirit as were a protoplasm floating around in space$
In determining the meaning, intent, and purpose law or constitutional pro!ision, the history of the ti
of which I grew and to which it may be ration
supposed to bear some direct relationship, the e
intended to be remedied and the good to
accomplished are proper sub2ects of in.uiry$
Law being a manifestation of social culture
progress must be interpreted ta1ing into considera
the stage of such culture and progress including all
concomitant circumstances$
-
5/21/2018 62671766 Agpalo Notes
16/84
Law is not a watertight compartment sealed or shut off
from the contact with the drama of life which unfolds
before our eyes$
CONTEMPORARY CONSTRUCTION
Kenerally
Are the constructions placed upon statutes at the time
of, or after their enactment by the eecuti!e, legislati!e
or 2udicial authorities, as well as by those who in!ol!ein the process of legislation are 1nowledgeable of the
intent and purpose of the law$
&ontemporary construction is strongest in law$
Eecuti!e construction, generallyH 1inds of
Is the construction placed upon the statute by an
eecuti!e or administrati!e officer$
4hree types of interpretation
o &onstruction by an eecuti!e or
administrati!e officer directly called to
implement the law$
o &onstruction by the secretary of 2ustice in his
capacity as the chief legal ad!iser of thego!ernment$
o @anded down in an ad!ersary proceeding in
the form of a ruling by an eecuti!e officer
eercising .uasi32udicial power$
Geight accorded to contemporaneous construction
Ghere there is doubt as to the proper interpretation of
a statute, the uniform construction placed upon it by
the eecuti!e or administrati!e officer charged with its
enforcement will be adopted if necessary to resol!e the
doubt$
4rue epression of the legislati!e purpose, especially if
the construction is followed for a considerable periodof time$
+est#e P*i#ippines /nc. v. CA
Reasons for why interpretation of an administrati!e
agency is generally accorded great respect
o Emergence of multifarious needs of a
moderniing society
o Also relates to eperience and growth of
specialied capabilities by the administrati!e
agency
o 4hey ha!e the competence, epertness,
eperience and informed 2udgment, and the
fact that they fre.uently are the drafters of thelaw they interpret
P*i#ippine S%gar Centra# v. Co##ector of C%stoms
Issue whether the go!ernment can legally collect
duties Bas a charge for wharfageC re.uired by a statute
upon all articles eported through pri!ately3owned
whar!es
@eld the court reasoned in the affirmati!e by sayingBthe language of the Act could ha!e been made more
specific and certain, but in !iew of its history, its long
continuous construction, and what has been done and
accomplished by and under it, we are clearly of the
opinion that the go!ernment is entitled to ha!e
recei!e the money in .uestion, e!en though the su
was shipped from a pri!ate wharf
Geight accorded to usage and practice
&ommon usage and practice under the statute,
course of conduct indicating a particular underta1
of it, especially where the usage has been ac.uiesin by all the parties concerned and has etended o!
long period of time$ Optim%s interpres rer%m %s%s & the best interpreta
of the law is usage$
&onstruction of rules and regulations
4his rule3ma1ing power, authorities sustain
principle that the interpretation by those charged w
their enforcement is entitled to great weight by court in the latters construction of such rules
regulations$
Reasons why contemporaneous construction is gi!en mweight
It is entitled to great weight because it comes from
particular branch of go!ernment called upon
implement the law thus construed$
Are presumed to ha!e familiaried themsel!es with
the considerations pertinent to the meaning purpose of the law, and to ha!e formed
independent, conscientious and competent e
opinion thereon
Ghen contemporaneous construction disregarded Ghen there is no ambiguity in the law$
If it is clearly erroneous, the same must be decla
null and !oid$
Erroneous contemporaneous construction does not prec
correction nor create rightsH eceptions
4he doctrine of estoppel does not preclude correc
of the erroneous construction by the officer himsel
his successor or by the court in an appropriate case
An erroneous contemporeaneous construction cre
no !ested right on the part of those relied upon, followed such construction$
Legislati!e interpretation
4a1e form of an implied ac.uiescence to, or appro
of, an eecuti!e or 2udicial construction of a statute
4he legislature cannot limit or restrict the po
granted to the courts by the constitution$
Legislati!e appro!al
Legislati!e is presumed to ha!e full 1nowledge
contemporaneous or practical construction of a sta
by an administrati!e or eecuti!e officer charged w
its enforcement$
-
5/21/2018 62671766 Agpalo Notes
17/84
4he legislature may appro!e or ratify such
contemporaneous construction$
)ay also be showmen by the legislature appropriating
money for the officer designated to perform a tas1
pursuant to interpretation of a statute$
Legislati!e ratification is e.ui!alent to a mandate$
Reenactment
)ost common act of appro!al$
4he re3enactment of a statute, pre!iously gi!en acontemporaneous construction is persuasi!e indication
of the adoption by the legislature of the prior
construction$
Re3enactment if accorded greater weight and respect
than the contemporaneous construction of the statute
before its ratification$
%tare decisis
#udicial interpretation of a statute and is of greater
weight than that of an eecuti!e or administrati!e
officer in the construction of other statutes of similar
import$
It is an in!aluable aid in the construction orinterpretation of statutes of doubtful meaning$
%tare decisis et non .uieta mo!ere 0 one should follow
past precedents and should not disturb what has beensettled$
%upreme &ourt has the constitutional duty not only of
interpreting and applying the law in accordance with
prior doctrines but also of protecting society from the
impro!idence and wantonness wrought by needless
uphea!als in such interpretations and applications
In order that it will come within the doctrine ofstare
decisis, must be categorically stated on an issue
epressly raised by the partiesH it must be a direct
ruling, not merely an obiter dictum Obiter dictum 0 opinion epressed by a court upon
some .uestion of law which is not necessary to thedecision of the case before itH not binding as a
precedent
4he principle presupposes that the facts of the
precedent and the case to which it is applied are
substantially the same$
Ghere the facts are dissimilar, then the principle of
stare decisis does not apply$
4he rule of stare decisis is not absolute$ It does not
apply when there is a conflict between the precedent
and the law$
4he duty of the court is to forsa1e and abandon any
doctrine or rule found to be in !iolation of law in force
Inferior courts as well as the legislature cannot
abandon a precedent enunciated by the %& ecept by
way of repeal or amendment of the law itself
CHAPTER FOUR: A"$erene to, or "e#arture %ro&,
'an(ua(e o% statute
LITERAL INTERPRETATION
Literal meaning or plain3meaning rule
Keneral rule if statute is clear, plain and free fr
ambiguity, it must be gi!en its literal meaning
applied without attempted interpretation
o >erba legis
o Inde animi sermo 0 speech is the inde
intention
o Gords employed by the legislature i
statute correctly epress its intent or will
o >erba legis non est recedendum 0 from
words of a statute there should bedeparture
o 4hus, what is not clearly pro!ided in the
cannot be etended to those matters out
its scope
#udicial legislation 0 an encroachment upon legisla
prerogati!e to define the wisdom of the law
o &ourts must administer the law as they fin
without regard to conse.uences
+ationa# Federation of Labor v. +L"C
Employees were claiming separation pay on the b
of Art$ :;- Labor &ode which states that Bemplo
)AM also terminate the employment of an employfor reasons therein by ser!ing notice thereof
paying separation pay to affected employees
4here was compulsory ac.uisition by the go!ernm
of the employers land (Patalon &oconut Estate"
purposes of agrarian reform which forced the empl
to cease his operation
Issue whether or not employer is liable for separapay
@eld 5O, employer is not liable for separation pay
o It is a unilateral and !oluntary act by
employer if he wants to gi!e separation pa
o 4his is gleaned from the wording B)AM
the statuteo B)AMC denotes that it is directory in na
and generally permissi!e only
o Plain3meaning rule is applicable
o Ano yun, ipapasara ng go!ernment ta
magbabayad pa ang employer ng separa
payS Ang daya3dayaS Lugi na nga
employer, 1i1ita pa si employeeS Fn&annot beS 5oS 5oS
o 4o depart from the meaning epressed by
words is to alter the statute, to legislate
not interpret
o )aledicta est eposition .uae corrum
tetum 0 dangerous construction whichagainst the tet
Dura le sed le
Dura le sed le 0 the law may be harsh but it is
the law
Absoluta sentential epositore non indigent 0 whenlanguage of the law is clear, no eplanation of
re.uired
Ghen the law is clear, it is not susceptible
interpretation$ It must be applied regardless of w
may be affected, e!en if it may be harsh or onerous
-
5/21/2018 62671766 Agpalo Notes
18/84
@oc .uidem per.uam durum est, sed ital e scripta est
0 it is eceedingly hard but so the law is written
A decent regard to the legislati!e will shoud inhibit the
court from engaging in 2udicial legislation to change
what it thin1s are unrealistic statutes that do not
conform with ordinary eperience or practice (respeto
nalang sa ating mga mambabatasS Ghate!erS @aha2o1e only"
If there is a need to change the law, amend or repeal it,
remedy may be done through a legislati!e process, notby 2udicial decree
Ghere the law is clear, appeals to 2ustice and e.uity as
2ustification to construe it differently are una!ailing 0
Philippines is go!erned by &I>IL LAG or PO%I4I>E
LAG, not common law
E.uity is a!ailable only in the absence of law and notits replacement 0 (so, pag may law, walang e.uity
e.uityS Pero pag walang law, pwedeng mag3e.uity,
getsS$$$ important toS"
Ae.uitas nun.uam contra!enit legis 0 e.uity ne!er
acts in contra!ention of the law
DEPARTURE FROM LITERAL INTERPRETATION
%tatute must be capable of interpretation, otherwise inoperati!e
If no 2udicial certainty can be had as to its meaning,the court is not at liberty to supply nor to ma1e one
Santiago v. COMELEC
In this case, the &ourt adopted a literal meaning thus,
concluded that RA 8-7 is inade.uate to implement
the power of the people to amend the &onstitution
(initiati!e on amendments" for the following reasonso Does not suggest an initiati!e on amendments
on to the &onstitution because it is silent as to
amendments on the &onstitution and the wordB&onstitutionC is neither germane nor rele!ant
to said section
o Does not pro!ide for the contents of a petition
for initiati!e on the &onstitution
o Does not pro!ide for subtitles for initiati!e on
the &onstitution
o RA is incomplete and does not pro!ide a
sufficient standard
#ustice Puno (anoS #ustice 4reeS" dissents
o Legislati!e intent is also shown by the
deliberations on the bill that became RA
8-7 (there are 9 more reasons 0 see page
*-63*-*, which are not so important" Interpretation of RA 8-7 was not in 1eeping with the
maim interpretation fienda est ut res magis !aleat
.uam pereat 0 that interpretation as will gi!e the thing
efficacy is to be adopted
Ghat is within the spirit is within the law
Dont literally construe the law if it will render itmeaningless, lead to ambiguity, in2ustice or
contradiction
4he spirit of the law controls its letter
Ratio legis 0 interpretation according to the spiri
reason of the law
%pirit or intention of a statute pre!ails o!er the lette
A law should accordingly be so construed as to b
accordance with, and not repugnant to, the spirit of
law
Presumption undesirable conse.uences were nintended by a legislati!e measure
Literal import must yield to intent >erba intentioni, non e contra, debent inser!ir
words ought to be more subser!ient to the intent
not the intent to the words (ahhh parang intent i
woman as word is to man 0 so man is subser!ien
woman logicalS"
Kuide in ascertaining intent 0 conscience and e.uity
%o it is possible that a statute may be etended to c
not within the literal meaning of its terms, so lon
they come within its spirit or intent
Limitation of rule
&onstrue (intent o!er letter" only if there is ambigu
&onstruction to accomplish purpose
PFRPO%E or REA%O5 which induced the enactm
of the statute 0 1ey to open the brain of the legislatlegislati!e intentS
%tatutes should be construed in the light of the ob
to be achie!ed and the e!il or mischief to
suppressed
As between two statutory interpretations, that wh
better ser!es the purpose of the law should pre!ail
Sarcos v. Casti##o
4his case eplains why legislati!e purpose
determine legislati!e intent /ran1furter
o Legislati!e words are not inert but der
!itality from the ob!ious purposes at wh
they are aimed
o Legislation 0 wor1ing instrument
go!ernment and not merely as a collectio
English words
'en2amin 5atham &ardoo
o Legislation is more than a composition
o It is an acti!e instrument of go!ernm
which means that laws ha!e ends to
achie!ed
@olmes
o Gords are fleible
o 4he general purpose is a more important
to the meaning than any rule which gram
or formal logic may lay down
o &ourts are apt to err by stic1ing too closel
the words of law where those words impo
policy that goes beyond them
Soriano v. Offs*ore S*ipping and Manning Corp
A literal interpretation is to be re2ected if it would
un2ust or lead to absurd results
-
5/21/2018 62671766 Agpalo Notes
19/84
Illustration of rule
0ing v. !ernande'
Issue whether or not a &hinese (parang si RA and
%erge" may be employed in a non3control position in a
retail establishment, a wholly nationalied business
under RA **;6 Retail 4rade Law (btw, wala na tong
law na Tto$ It has been repealed by the Retail 4rade
Liberaliation Act 0 my thesisS " @eld 5oS