Statutory Constitution June 23

I. PRELIMINARY CONSIDERATIONS
i. Statutory Construction
the art or process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application to a
given case, where that intention is rendered doubtful, among others, by
reason of the fact that the given case is not explicitly provided for in the
law.
- the art of seeking the intention of the legislature in enacting a statute
and applying it to a given state of facts.
- A judicial function is required when a statute is invoked and different
interpretations are in contention.
ii. Construction is the drawing of conclusions with respect to subjects
that are beyond the direct expression of the text (extrinsic aids
deliberations purpose of the law), while interpretation is the process of
discovering the true meaning of the language used (law itself).
Interpretation is limited to exploring the written text. Construction on
the other hand is the drawing of conclusions, respecting subjects that lie
beyond the direct expressions of the text.
iii. Purpose of interpretation and construction
- discover the true meaning of the law
- ascertainment of the true intent of the legislature
- determine legislative intent, what intention is conveyed by the
language used
- ascertain meaning and will of the lawmaking body, to the end
that it may be enforced.
iv. Situs of construction and interpretation (place/venue)
- the situs of construction and interpretation of written laws belong
to the judicial department.
- it is the duty of the Courts of Justice to settle actual controversies
involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of

discretion amounting to lack or excess of jurisdiction on the part of

any branch or instrumentality of the government.
Supreme Court is the one and only Constitutional Court and all
other lower courts are statutory courts and such lower courts have
the power to construe and interpret written laws.

v. Duty of the courts to construe and interpret the law

1. There must be an actual case or controversy,
- judicial department passive branch of the government
2. There is ambiguity in the law involved in the controversy.
- no ambiguity apply the law
- ambiguous interpret/construct then apply the law
vi. When not necessary to interpret or construct a law
The law is unambiguous and its rationale clear. Time and again, this
Court has declared that where the law speaks in clear and categorical
language, there is no room for interpretation, vacillation or equivocation;
there is room only for application. There is no alternative.
vii. Ambiguity
- Ambiguity exists if reasonable persons can find different meanings
in a statute, document, etc.
- A statute is ambiguous if it is admissible of two or more possible
meanings.
- If the law is clear and unequivocal, the Court has no other
alternative but to apply the law and not to interpret.
- Construction and interpretation of law come only after it has been
demonstrated that application is impossible or inadequate without
them.
viii. Role of the 3 principal branches of government in the
enforcement and interpretation of laws
Legislative makes the law
Executive - executes the law
Judicial interprets the law

Legislative power is vested in the Congress of the Philippines the

Senate and the House of the Representatives

Executive power is vested in the President of the Republic of the

Philippines (Art. VII, Sec.1, Phil. Const.)
Judicial power is vested in one Supreme Court and in such lower
courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)

II. LAW, ITS CONCEPT AND CLASSIFICATION

i. Law
a. Broad Sense the whole body or system of laws.
b. Strict Sense a rule of conduct formulated and made obligatory by
legitimate power of the state. (just, for the common observance and
benefit)
Elements of the law:
1. Rule of conduct
2. Just
3. Obligatory
4. Legislation
5. Common observance and benefit
Classifications of law:
1. Natural Law derives its force and authority from God.
- Physical Law
- Moral Law
- Divine Law 10 commandments
2. Positive Law the laws studied in law course
- Public Law relates to the public and not on individual rights
o Constitutional fundamental law of the land,
o Administrative organization and functions of the
government
o International community of nations
- Private Law individual
o Substantive legal relations of litigants; declares rights
and obligations (civil code, family code, criminal law,
taxation)
o Procedural application (remedial law, taxation)
Sources of law:
1. Legislation legislative department
2. Precedents decisions/ principles enunciated by the judicial
department
- expound the law not legislate judicial department