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STATUTORY CONSTRUCTION MIDTERM REVIEWER

of Man Hernando 08-21-2012

Preceptive statute commands the doing of certain acts and regulates the form or mannerof their performance. Affirmative statute a statute expressed in affirmative terms. Negative statute one expressed in negative terms. Adopted statute one which borrowed wholly or in part by one state from another Reenacted statute is one which is passed in substantially the same language as a prior one passed by the same legislature. Prospective statute one which operates upon or regulates acts or transactions taking place after it takes effect. Retrospective or Retroactive statute one which affects acts already committed or transactions already completed before it becomes effective. Reference statute one which refers to other statutes and makes them applicable to the subject of the new legislation Declaratory act one whose purpose is to remove doubt as to the meaning of an existing law, or to correct a construction considered erroneous by the legislature. Permanent act one whose operation is not limited to a particular period of time but which continues in force until it is duly altered or repealed. Temporary act one whose life or duration is fixed for a specified period of time at the moment of its enactment, and continues in force, unless sooner repealed or until the expiration of the time fixed for its duration. Repealing Law a law which revokes or terminates another statute, either by express language or by implication. Amendatory Law one which makes an addition to or operates to change the original law so as to effect an improvement therein, or to more effectively carry out the purpose for which the original law was passed. Parts of a Statute Title gives a general statement of, and calls attention to the subject matter of an act, so that the legislators and the public may be appraised of the subject matter of the legislation and be put opon inquiry in regard thereto. Constituional provision on titles Every bill passed by the congress shall embrace only one subject which shall be expressed in the title thereof. All parts of a law must relate to the subject expressed in the title but it is not necessary that the title be a complete index of its contents. It is sufficient if the title epresses the general subject and all the provisions are germane to the general subject.

Statute written will of the legislature, expressed according to the form necessary to constitute it a law of the state, and rendered authentic by certain prescribed forms and. Statute Law includes not only the statute but also the judicial interpretation and application of the enactment. Public act one which affects the community at large. Private law is confined to particular individuals, associations and corporations. General Law one which relates to pesons, entities, or things as a class; or operates equally or alike upon all of a class, omitting no person entity or thing belonging to the class. Special Law one which relates to particular persons, entities or things of a class. Local act one whose operation is confined within territorial limits other than that of the whole state, applies to less than the whole, to the property of persons of a limited proportion of the state, or is directed to specific locality or spot, as distinguished from a law which operates throughout the state. Remedial Law those which abridge superfluities of former laws and remedy defects thereof; reform or extend existing rights; promote justice or advance public welfare and important and beneficial public objects such as the protection of the health, morals and safety of society or of the public in general. Curative Law one which attempts to cure or correct irregularities in judicial or administrative proceedings or which seek to give effect to contracts and other transactions between private persons which otherwise would fail to produce their intended consequences on account of some statutory disability or a failure to comply with some technical requirements. Penal Law one which imposes punishment for an offense commited against the state. However, the term has been extended to include any act which imposes penalty or creates a forfeiture as a punishment for the transgression of its provisions or the commission of some worng or ther neglect of some duty. Mandatory statute provisions or requirements of which if not complied with will render the proceedings to which it relates illegal and void. Directory statute is noe where non-compliance will not invalidate the proceedings to which it relates. Permissive statute one which allows certain acts to be done without commanding that they be performed. Prohibitive statute one which forbids the doing of certain things, particularly those which are injurious to the rights of others, or of the public.

Purpose: 1. Prohibit duplicity in legislation to appriase the legislators or the public of the nature, scope and consequences of the law or its operation 2. Prevent hodge-podge or log-rolling. Preamble part of the statute folllowing the title and preceding the enacting clause, which states the reasons for, or the objects of the enactment. Enacting Clause Indicates the authority that promulgated the enactment. Such clause clothes the statute with a certain dignity, belived in all times to command respect and aid in the enforcement of laws. Body sometimes referred to as the purview of the act, contains the subject matter of the statute. For convenience, the body is divided into articles, title, chapters and sections. Proviso a clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the generality off the language which it follows. Rule: A proviso can only restrict or qualify the provisions immediately preceding itor the section to which it has been appended. Exceptions exempts something which would otherwise fall within the general words of the statute. Interpretative Clause part of the statute where the legislature defines its own language or prescribes rules for its construction. Repealing clause part of the statute which announces the legislative intent to terminate or revoke another statute or statutes. Saving clause restricts a repealing act and preserves the existing powers, rights and pending proceedings from the effects of the repeal. Separability clause a clause which states that if for any reason, any ection or provision of the statute is held to be unconstitutional or invalid no other section or provision of the law shall be affected thereby. Date of Effectivity states when such law shall take effect. Enactment of a Statute (Article VI Section 26) 1. 2. 3. A bill shall become a law after it has passed three readings of both Houses on separate days. Printed copies in its final form must be distributed to the members three days before its passage. The last reading of the bill shall not accept any amendment and the members shall vote immediately thereafter either by yeas and nays.

Veto power of the President the power of the president to approve or disapprove a bill passed by the congress. Three ways for a bill to become a law: 1. When the president signed and approved it; 2. When the president vetoed it but the two-thirds (2/3) of the members of both chambers of congress voted to approve it; 3. When the president did not acted or signed it thirty (30) days after the date of receipt. Enrolled Bill Theory the signing by the Speaker of the House of Representatives and by the President of he Senate, in an open session of an enrolled bill. It is an official attestation by the two houses of such bill as one that has passed the Congress. Resolution is a legislative epression on some given matter or thing. It is not submitted to the executive for approval and is ordinarily passed without the forms, solemnities and delays generally required for the enactment of statutes. Three types: 1. Simple a formalized motion passed by a majority of a single legislative chamber. Usually used to create committees, express recognition for meritorious services, extend sympathy on the death of a member, or to establish rules governing internal affairs of the chamber. 2. Concurrent passed by both chambers of the legislature. Reflects the opinion of the entire legislative body. 3. Joint passed by both chambers while they are in joint session. Ordinances legislative acts passed by a local government unit in the exercise of its law-making authority. Codes a restatement either of the whole of the general laws or of some great subdivision of such laws, under one general title. The process of codification entails a re-examination and revision of existing statute law as well as the elimination of repealed ones. After codification, the law becomes the reservoir of all statute law on the subjects covered. Compilation a systematic arrangement of existing statutory laws. Compilation does not bring about the alteration of existing statutory law. Interpretation and Construction The act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case. Construction drawing of conclusion with respect to subjects which lie beyond the direct expression of the text.

Interpretation exploration of the written text itself. Purpose of Interpretation and Construction To ascertain and give effect to the legislative intent. When Interpretation and Construction Necessary? When its language is ambiguous, doubtful or obscure when taken in relation to a set of facts or reasonable minds disagree as to its meaning. It is not necessary when the law speaks clear and categorical language. A plain and unambiguous statute speaks for itself, and any attempt to make it clearer is vain labor and tends only to obscurity. Legislative Intent is the essence of the law and is what the legislature meant by the use of the language contained in a statute. It is synonymous with legislative meaning. It is the meaning that should be placed upon the words used in the law. Legislative Purpose is the reason why the legislature passed a particular enactment. The court is the appropriate organ to interpret and construe the law. They have the fundamental duty to apply the law according to its express terms and interpretation is being called only when such such literal application is impossible. Spirit of the law it is the intendment of the law, the cause which moved the legislator to enact it. Letter of the law is the literal meaning and expression of the statute. The spirit and letter of the law should always be in harmony to each other. But when differing interpretation between the spirit and letter causes ambiguity, the interpretation defined by the spirit must be given more weight. Effect of Interpretation of Construction Judicial decision applying or interpreting the laws or the constitution shall form part of the legal system of the Philiippines. Interpretation and Construction in relation to Language of Statute In the construction of statutes, it is the legislative intent manifested in the statute that is of importance. Such intent must be determined primarily from the language of the statute because it affords the best means for its exposition.

Aids in the interpretation and construction of statute in relation to its language: Verba legis (plain meaning rule) Words to be given their commonly accepted meaning They should be given their usual, natural, plain, ordinary and commonly understood meaning. It is derived from the maxim index animi sermo est or speech is the index of intention. In the construction and interpretation of statute the common practice is to follow the maxim verba legis non est recedendum or from the words of the statute there should be no departure. Exception: The natural and ordinary meaning of words will however be disregarded in favor of (1) a statutory meaning or a well established technical meaning; (2) when it is plain and clear from the statute or from the context of the words that a different meaning was intended; or (3) when the commonly accedpted meaning would defeat the manifest intention on the legislature. Noscitur a Sociis (One is know by his companions) The doctrine of associated words The true meaning may be made clear and specific by considering the company in which it is found with or with which it is associated. This rule instructs that we should distinguish and find the common characteristics of the words in a statute to discover the true meaning of the statute. Exception: The court has no right to resort to such maxim when (1) the legislature made or intended to make distinctions; or when (2) doing so would render general words meaningless. Ejusdem Generis (Of the same kind) Were general words follow the designation of particular things, or classes of persons or subjects, the general words will usually be construed to include only those persons or things of the same class or general nature as those specifically enumerated. Cases: Mutuc v COMELEC using of jingles Vera et al v Cuevas et al skimmed milk Banaan v IAC use of extension phone in wiretapping RP et al v Migrino et al subordinate Exception: The rule will not apply when (1) it appears that the legislature intended the general words to go beyond the class specifically designated; when (2) when the specific words enumerate subjects which greatly dffer from each other; or when (3) they exhaust all the subjects of the class mentioned.

Case: US v Santo Nino possession of a deadly weapon (iron bar) Expressio Unius est Exclusio Alterius (Express Mention is Implied Exclusion) The rule provides that the express mention of one thing in a law will mean the exclusion of others not expressly mentioned. Case: Lerum et al v Cruz et al declaratory relief Santos v Pano et al petitioner not qualifed for probation Exception: It does not apply (1) where words are mentioned by way of example or to remove doubts. It is not applied with the same rigor in (2) construing a constitution as a statute and only those things expressed in such positive affirmative terms as plainly imply the negative of what is not mentioned will be considered as inhibiting the power of legislature. Case: Manabat et al v Aquino et al date of mail is date of filing Esccribano v Avila et al CFI power of preliminary investigation Reddendo Singula Singulis Words in different parts of a statute must be referred to their appropriate connection, giving to each in its place, proper force and effect. If possible rendering none of them useless or superfluous even if strict grammatical construction demands otherwise. Case: People v Tamani promulgation is order, notice is order Doctrine of the Last Antecedent Relative and qualifying words, phrases and clauses are to be applied to the words or phrase immediately preceding and are not to be construed as extending or including others more remote. Cassus Omissus [pro omisso habendus est] A case ommitted is to ber held intentionally omitted Under this rule, a person, object, or thing omitted from an enumeration in a statute must be held to have been omitted intentionally. The court could not insert in a statute what has been omitted by the legislature. Exception: Words or phrases may be supplied where (1) that is necessary to obviate repugnancy or inconsistency or to complete the sense thereof; or (2) where the omission was made through clerical error, by accident or inadvertence. They will supply an omission where the same is palpable and omitted words are plainly indicated by the context or verifiable from other parts of the statute. Case:

People v Manantan justice of the peace for judges Verbical or Clerical errors Verbal inaccuracies or clerical errors or misprints will be corrected by the court in the construction of the statute, whenever necessary to carry out the intention of the legislature. Case; Lamb v Phipps course of law not courts of law People v Duque illegal recruitment case has prescribed Number, Gender and Tense Words in the plural include the singular; Masculine gender may be interpreted as comprehending the feminine gender as well; words of the future tense may be regarded as having a present effect Conjunctive and Disjunctive Words Words or and and in a statute are not treated as interchangeable and their ordinary meaning should be followed if ti does not render the sense of the statute dubious. The legal meaning of the words and/or should be taken its ordinary significance. Exception: Or may be construed as and or vice-versa when the spirit or context warrants it. Exception to the exception: In penal statute these words cannot be interchanged when the effect would be to aggravate the offense or increase the punishment. Shall and May The rule is to interpret shall and may as the context or a reasonable construction of the statute in which they are used demands or requires. In Bersabal v Salavador, the court explained that as a general rule, the word may when used in statute is permissive only and operates to confer discretion while the word shall is imperative, operating to impose a duty which may be enforced. Case: Diokno v Rehabilitation Finance shall subject to availabily of loanable funds Mc Gee v Republic the following may be adopted Bersabal v Salvador parties may submit memoranda Fule v CA Pre-trial agreements Rules of Grammar The ordinary rules of grammar will be applied for the purpose of ascertaining the meaning of statute. Courts cannot

presume that the lawmaking body does not know the meaning of words and the rules of grammar. Exception: They are not controlling when an intent in conflict therewith is disclosed. The Rule of Necessary Implications Every statute is understood to contain, by implication, if not by express terms all such provisions as may be necessary to effectuate its object and purpose. Which is plainly implied in a statute is as much as part of it as that which is expressed. Where Language is Susceptible of Two or More Constructions The rule is that should be adopted which will most tend to give effect to the manifest intent of the lawmaker and promote the object for which the statute is enacted. A legislative act should be construed whenever possible in a manner that will avoid conflict with the constitution. Computation of Time Article 13 of Civil Code provides that: When the laws speaks of years, months, daays, and nights it shall be understood that years are of three hundred and sixty five (365) days each; months, of thirty (30) days; days of twenty-four (24) hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day excluded and the last day included. Case: National Marketing v Tecson- December 21, 1955-1965 the case has prescribed English and Spanish texts of Philippine Statutes Section 15 of Revised Administrative Code provides: In the interpretation of a law officialy promulgated in English and Spanish, the English text shall govern. In cas of ambiguity, omission, or mistake, the Spanish may be consulted to explain the English text. The converse rule shall apply if so provided in the particular statute. Provided, however, that in the interpretation of laws enacted by the Philippine Legislature after October 16, 1916, the language of the text used by the House that finally passed the same shall prevail,and in case of ambiguity, omission and mistake, the official translation filed in the office of the secretary of the said House may be consulted.

Aids in Interpretation and Construction Intrinsic aids are elements that are found in the law itself. It may consist of the (1) title, (2) preamble, (3) words, phrases and sentences, (4) context, (5) punctuation, (6) headings and marginal notes, (7) legislative definitions and interpretation clause. Extrinsic aids elements or facts not found in the language of the law. It may consist of (1) contemporaneous circumstances (2) policy, (3) legislative history of the statute, (4) contemporaneous or practical construction, (5) executive construction, (6) legislative construction, (7) judicial construction, (8) construction by the bar and legal commentators. Extrinsic aids can only be resorted to after intrinsic aids have been used and exhausted. Presumptions in Aid of Construction Courts in construing statutes often indulge in the presumptions justified by (1) logic, human experience and good sense, or (2) specific provisions of law. Intrinsic aids: Title In case of doubt as to the scope of the body of the act or the connotation off general words used therein, the title may be considered for the purpose of restricting, explaining and elucidating the same. Limitation: It is an unsafe criterion and is not entitled to much weight because of the prevailing jurisprudence that the title need not be a complete index of the subject of thee act. Preamble It is the key to open the minds of the makers of the law. It is especially helpful when the ambiguity is not simply arising from the meaning of a particular word, but such as may arise in respect to the general scope and meaning of statute. Case: Go Chioco v Martinez principal should not be forfeited People v Echavez squatting of grazing lands not covered by PD 772 People v Purisima carrying outside of deadly weapon not covered by PD 9 Limitation: Preamble is not an essential part of the act and cannot confer or enlarge powers Words, Phrases and Sentences; Context Legislative intent must primarily be determined fom the language of the statute and such language consists of the words, phrases, and sentences used therein. Every part of

the statute must be interpreted with reference to the context. Every part must be considered together and kept subservient to the general intent of the whole enactment. Cases: Paras v COMELEC punong baranggal prevent the call for his recall Limitation: The meaning of law is not to be extracted from any single part, portion or section or from isolated words and phrases. Punctuation It is an aid interpreting the language of the statute when it gives a meaning which is reasonable and in apparent accord with the legislative will. Cases: US v Hart vagrancy is without visible means of support Limitation: It is an aid of low degree and the reliance upon it is too shallow foundation to rest a conclusion. Headings and Marginal Notes Ambiguities in the enactment clauses may be resolved through the interpretation of the headings of portions of statutes such as titles, articles, chapters and sections. Limitation: Can be used only if there exist an ambiguity in the enactment clause and not controlling especially when the headings have been prepared by compilers and not by the legislature. They are mere guides to the intent of the legislature and cannot extend or restrict the language contained in the body of the statute. Legislative Definitions and Interpretation Clauses These parts of the statute contain the legislatures exercise of its power to emody in the statute its own definition of language and rules of construction. Limitation: If the meaning of the legislature, as revealed by the statute considered in its entirety, is contrary to the expressions of the interpretation clauses or the legislative definitions, the said meaning will prevail over them. Extrinsic aids: Contemporaneous circumstances These are the conditions under which the law was enacted. It include (1) the history of the times and conditions existing whenthe law was enacted, (2) the previous state of the law, (3) the evils sought to be remedied, (4) and the customs and usages of the people. They constitute the reason why the law was enacted. Cases:

Phil Sugar Central Agency v Collector of Customs Plaintiffs sugar import is laden from a private wharf thus contended that it is exempt from customs tariff. Policy It is the policy which induced the enactment or which is sought to be promoted thereby, as well as the general policy of the law or settled policy of the state may throw up light upon the legislative intention. Cases: Sarcos v Castillo transformation of local government into an effective instrument. Ursua v Court of Appeals Petitioners use of the alias Oscar Perez isnot intended to be used by him publicly and usually in business transactions. Legislative History of Statute The history of the proceedings attending the actual passage of the statute through the legislature as well as the action of the executive in reference thereto. Such history may be found in (1) reports of legislative committtees and hearings conducted by them, (2) legislative debates, (3) explanatory statements in certain instances, (4) changes or amendments, (5) executive reports or messages. This is especially useful in interpreting legislative meaning where there is unanimity with which foes and supporters of a bill speak of its aims. Cases: Resins Inc v Auditor General of the Central Bank of the Philippines RA 2609 speaks of urea formaldehyde, petitioner insist urea and formaldehyde Olivia v Lamadrid homestead should be redeemed five (5) years from the conveyance Contemporaneous and Practical Construction The application and understanding of the law by its contemporaries, when it first comes into operation, sanctioned by the long acquiescence on the part of the legislature and judicial tribunals are the strongest evidence that it has been rightfully explained. Practical construction that has been long continued and acquisced by the legal profession, and the general public may be taken into consideration in the interpretation of the statute. Cases: Araneta v Dinglasan Presidents interpretation of the CA 671 should carry much weight Executive Construction The construction placed upon a law by the officials in charge of enforcing the same where said construction has been

uniform and observed for a long period of time, deserves greater or considerable weight. Cases: Tamayo v Manila Hotel The Commission on Civil Service construction of RA 1081 should be respected. PAFLU v BLR et al the implementing rules and regulation of the Labor Code created by the DOLE Secretary is recognized and should be respected. Asturias Sugar Central v Comm of Customs and CTA The administrative orders in question is in consonance with the intention of the legislature. Legislative Construction The construction of a statute by the legislature, as indicated by the language of later enactments, is intitled to consideration as an aid in the construction of statute. Cases: Bengzon v Sec of Justice and Insular auditor The partial veto of the Gov-general is upheld by the court when legislative and executive department harmoniously accepted it. Yra v Abano qualified elector need not be a person registered in the electoral list based on the construction of the committee of the Philippine Assembly and Executive Bureau. Judicial Construction It is presumed that the legislature was acquianted with and had in mind the judicial construction of former statutes on the subject, and the statutue was enacted in the light of the judicial construction that the prior enactment has received. In the light of such existence, they have direct bearing on the interpretation and construction of the new statute. The rule should be followed in an instance where (1) a statute which has received judicial construction was reenacted without substantial change or alteration; (2) a statute was adopted from another state or country if the said construction is in harmony with justice and public policy, and consistent with the local law. Construction by the Bar and Legal Commentaries The meaning publicly given to a statute by long professional usage of members of the legal profession has been presumed to be the true and regarded as one which should not be lightly changed. Presumptions widely accepted by the Court include: Presumption as to right and justice it is presumed that the law-making body intended right and justice to prevail. Presumption of constitutionality every act of the legislature is presumed to be valid and constitutional until the contrary is shown or proved.

Presumption against exceeding limitations of legislative power the legislature intended to keep within the prescribed limits of its authority. Presumption against ineffectiveness it is presumed that the legislature intends to impart such a meaning that will render the statute operative and effective. Presumption against absurdity The mind of the legislature is presumed to be consistent and the provision of the statutes made by them is consistent with one another. Presumption against inconvenience and impossibility It is presumed that the legislature intends the most reasonable and beneficial construction of its enactments Presumption as to public policy it must alwas be supposed that the legislative body designs to favor and foster, rather than to contravene the public policy. Presumption as to knowledge of existing law the legislature is presumed to have full knowledge of all existing laws on the subject. Presumptions against improper motive or bad faith presumption is indulged in favor of good faith of the lawmaking body. Presumption against irrepealable laws It is presumed that the legislature does not intend to derogate authority of its successors or to make irrepealable laws or to divest the state of any portion of its sovereign powers. Presumption as to jurisdictiion of courts A statute will not be construed as ousting or restricting the jurisdiction of superior courts, or as vesting new jurisdiction in them. Cases: People v Villanueva accused was charged with a complex crime of serious and less physical injuries with damage to property in the amount of P2,636. The court laid the jurisdiction to the CFI basing its decision on the presumption against absurdity.

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